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Ithers chow their baps an' buns,
Dinna fauld your han's and pray Ithers on the lang kail fasten,
For strength the tempter to withstan';
Tak' up your.parable an' say.
Here's my heart, an' there's my han’. Out o' goud or timmer dish,
Syne like maukins spang away, Dool an' wae thraws in the saut,
Sowder hearts an' kipple han's,
Like gude bairns wha ay obey
Micher nature's strict comman's.
But gin lads are skeigh an' scaur,
For the pickle siller priggin',
Here's a heart that spurns like glauf, Didna' pleasure's gladd’nin' bow!
Mailen, tocher, gear an' biggin'.
Speel wi' me life's craigy brae,
Blythe as onie mavis liltin',
'Trouth my dow ye'll ablins hae Rowth o' whingin' torpid cuifs,
Some ill-faurder bodes ere beltin'. Throu' the kintra sichen rin, Wearin' baith their tongues an' hoofs, Glourin' doun the scroggie glen, Kirsnen glee “ ungodly sin.”
Garnish'd roun' wi' birken spray,
Stans a hauddin' o'my ain',
Theiket weel wi' turs an' strae.
Gaits and gimmers I ha'e gat;
Stools and stoups and corket bottles ;
Twa gude pingles and a pat,
Whare the sonsie haggis tottles.
As for bags an' bings an' hoords,
Maister Girnal's riften fou',
And at parritch-time affords
Ay wherewith to lyth my broo.
Neist, my happiness to crown,
I ha'e tragi-comic Willie ;
Mauchlin Rab, that unco loop,
And his bonnie Enbrough billie.
Sleekit Allan's rural glee,
Jamie Tanison's deathless page;
And twa bunkers heapit wi'
Monie a douce auld farrant sage.
Gae wi' me an* tend the yows
Whare the birks wi' fragrance drap,
Whare the limpid burnie rowes,
Meandring nature's velvet lap.
Like twa linties we'll enjoy On the siller clinkin' day.
Sinimer's bonnie gowden hour;
Rich wi' bless whilk ne'er can cloy
Pleasures ritional an' pure.
Whan the blythe gudeman o' day
l'the dawn slips on his shoon,
Yokes his yauds an' skelps away,
Gladd'nin' a' the kintra roun'.
He whase praise a' nature sings, · Pries your mou', an' spiers your price. In his life-beuk will insert, Gin his heart is leal an’ warm,
Homage that spontaneous springs, Gin his gait, his leuk, an' person,
Gushing frae the gratefou' heart. Savours o' that nameless charm
Syne we'll range the glens an' fells, Whilk nae poet e'er cou'd kirsen.
Whare our bleatin' wand'rers mae ; Makin' Andrew Martin's Nell
Briary heughs an' dowie dells,
Seekin' sic as gang astray.
(To be continued.) Is a comely cherubim.
The TRIAL of LORD Viscount ship was engaged in this public duty. This MELVILLE.
is a very conspicuous feature in this case,
and it is fit that it should not escape the (Concluded from p. 625.)
attention of your Lordships, or of the Thirteenth Day- May 15.
public THE business of this day opened with “ The noble defendant is accused of
the evidence on the part of the Noble having been the breaker of that law which Defendant
he himself framed. Before such a charge An order of Conncil was produced, and is considered just, it is right that the law read by Mr Barlow, dated the 27th of should be narrowly esamined, and correctFebruary 1795, by which it appeared that ly understood. the salaries of the Principal Secretaries of “ 'The object of the legislature manifestState, of which Lord Melville was one, ly was, to prevent the extraction of the were auginented to 6cool. a.year, and of public money, until it was actually want. the Under Secretary to isool.
ed for the service, and by this expedient, Wm. Pollock, Esq. was called, and under: to prevent, as much as possible, any out. went a long examination, with respect to standing balances in the hands of the offithe salaries which had been received by cers of the establishment. The Treasurer the Noble Defendant, for various posts he was to require the money to be paid from held in the Executive Government; the the Exchequer to the Bank, but a prelimiresult of which Mr Plomer stated to be, nary circumstance was, that the Exchequer that, for the Home Department, Lord was to be called upon by the Board, and Melville had relinquished 86481. 135. id. to pay the sums of money wanted to the in the War Department, 26,0311. 78 sd Treasurer. making a total of 34,0801. os. 7d. which, “ I speak from high authority, when I in the magnanimity of his disposition, he quote from Lord Cowper, who tells us, had surrendered to his country.
that the wisdom and goodness of our laws Mr Adam now rose to conclude the case appears in nothing more than in the huon the part of the noble defendant, which manity with which they are administerhe'did to the following effect :
ed; of those laws, (says he) which are “ My Lords, I am now to discharge an the glory of the country, and the envy of awful duty, rendered in one respect still its neighbours. hope, my Lords, that more arduous by the emphatical and power
this sentiment will be treasured up in your ful reasoning submitted to your Lordships minds, and that you will not admit the elo. by my learned colleague. I hope I shall quence and dexterity of the honourable have resolution to perform what I have and learned manager to break in upon the andertaken, to collect, arrange, and deliver clear meaning and boundaries of the evimy thoughts in a way to make myself in. dence. Another subject I have likewise to telligible; and my best apology for intrud, implore your Lordships to remember, as ing myself upon your Lordships potice is a most important consideration in this case, this, that I shall endeavour to say nothing that the noble defendant has not a shilling that is not completely to the purpose. of the public money in his possession ; that
“ It is my intention to discuss the law he paid over the whole, and that the pub. in the first instance, unembarrassed by the lic have not suffered a sixpence, either by facts in evidence, that the legal part of the pecuniary loss, or by any interruption for a enquiry may not be so blended with the moment to the progress of the official narrative as to render them both obscure. business.
“ Before I state the construction I apply “ The object of these charges is to shew, to the 25th Geo. III. let me entreat your that Lord Melville had availed himself of Lordships to recollect one fact, and to rea money in his own hands, or of those of his tain it in your minds through all the ra- deputy, for the purposes of private emolu. mifications of this important case, and it is
The roble defendant is not here to this : That the noble and eminent person be tried for petty delinquency, for an ac. who is under your adjudication, is, at the , cidental occasional mistake, which indusmoment that am speaking to you, and try and ingenuity may discover; but he is has been ever since he left the office of here upon his trial, under a prosecution by Treasurer of the Navy, in this situation; the Commons of Great Britain, in the sia he owes not a shilling to the public; he tuation of a state criminal, for having syshad paid up every farthing due from him, tematically and corruptly used the puband not only this, but the navy has suffered lic money for private Tucre. Whether it Ho impediment, and the country has sustain. was to grarify avarice, for satiating the de: ed no loss; no payment was ever procrasa mands of extravagance, for maintaining the tinated during the whole time his Lord- state and dignity of his high office, is not Sept. 1806.
now a matter for your consideration. The believed that I have administered the affairs question is, the fact of the use, and of the of the country with integrity; money for notive for that use ; for nothing is crimi- secret service has been confided to me to an nal but what proceeds from the heart. immense amount ; and this very sum which
Actio non est reus, nisi mens sit rea. I have taken, which has done to the coun.
“ If I shew that the noble Lord has re- try an extraordinary benefit, has been rejected at a stroke L. 34,000, which has turned to its coffers. The fulness of time may gone to the coffers of the state ; if I shew, come when I may reveal its application ; that from an early period of life, when toil- until that period does arrive, I ought to be ing in a laborious profession, he rose to above suspicion' Thus, my Lords, I have the higher political dignity to which he placed Mr Pitt in the precise situation of ascended; if I shew, and my memory will the noble defendant, and I ask if that enienable me to do So, that the habits of his nent person would, on such an explanation, life were open, liberal, and generous; if all have been put upon his trial on a charge of this be true, it will require a great deal of corruption? proof to convince your Lordships that he “ In the year 1996, the explanation of has searched in holes and corners ; that he the truth would have not only involved the ransacked the dead bank note office; that destruction of individuals, but might have he dealt in small purchases of stock; and been the ruin of the country, exposed as it that having overdrawn his banking account was to a destructive war, and when the a trifling sum, he took up the public mo- jaws of bankruptcy were opening upon us. ney to turn the balance, where no interest My Lords, the time arrived when circumwas charged. It would be a stretch in. stances were altered, and Mr Pitt thought deed to arrive at the conclusions they draw; it right to reveal the fact. It was disclosit would be a stretch indeed to find his ex- ed, and its application has been admitted ; alted mind guilty of corruption; to detect but the case might have been extremely Lord Melville filching a miserable pittance different; and then enquiries might have from the public monies.
been pre-sed with the same activity as on « With regard to the first I.10,000, the the present occasion, and yet ihe safety of charge is, that being a public accountant, the country would have required, that the he would not disclose how he had dispos- silence of death ought to be preserved.-ed of this money; the next is, (the impli. The grave itself would not have been more cation) that he made use of it for his own rigid in this observance than the late Chan. emolument. With regard to this sum, he cellor of the Exchequer; and who would did not withhold the return of it to the not have presumed his innocence ? De te public. At the time he made the declara- fabula narratur. Who was Mr Pitt? tion, which is alledged as a distinct crime, The intimate friend of Lord Melville, adop-. he had long before, returned the money to ting the same political maxims; a friend in the coffers of the state. This seems to me public, and in private pursuing the same to be very material. How the money was object; possessing the same confidence; employed in the intermediate time, it does sitting together in the assembly of the renot appear to me to be incumbent on the
presentatives of the people; and participa. counsel of Lord Melville to explain, and I ting together in the esteem, respect, and confess, feeling convinced of this, I am not support of that assembly. What is the difable to understand this part of the charge ; ference you are required to make with rehe has returned the money, and where is spect to these two characters so long united the criminality of not disclosing the chest, in the same cause ? You are not only to or the individual with whom it might be de- withhold the same confidence from Lord posited.
Melville, but you are expected to ipfer " The channel thro' which the 40;ocol. guilt. Lord Melville, then, with Mr Pitt, passed, is now known. Supposing the dis- kad obtained this money for secret services, closure of this had been called for before and having so obtained it, restored it; the the death of that illustrious statesman account was within the assigned balances; whom we all revere, what would have ro injury whatever was suffered by the been the answer of that great man? Would public; and when the fulness of time ar. he have sacrificed the public interests rived, the whole was explained. Their into his own character and would all this dividual acts were the same; and whatconjecture, which the learned Manager ever opinion your Lordships, or I, may enhas applied, have been directed to im. tertain on the wisdom of these acts, the po. peach the integrity of the late minister? Ilicy forms no part of the consideration. can easily suppose the sort of reply this ar- These two friends enjoyed the public condent friend of Lord Melville would have fidence for a term of eighteen years, and made to such an enquiry. You have trust- the inference of corruption, from this see ed in me for twenty long years; you have crecy of Lord Melville, is most uanatural, when the whole conduct of his life, when the conduct of the Noble Defendant, as to his character so long established is directly his alleged inaccuracy in accounts.
-He opposed to it. It is, in short, against nature, was accurate enough to make up his own and supported by nothing in the history of salary to 4000l. a-year; and, in his statethe individual.
ment of the India Budgets, he was always “ I have to return to your Lordships my sufficiently lucid and unembarrassed to resincere thanks for the indulgence you have pel the idea that he was not capable of acgiven me. When you come, my Lords, curacy in accounts. It was argued, that it to examine more at leisure this evidence- was impossible to disprove all the objecwhen you contemplate the liberality of the tions to the conduct of a man who had noble Defendant-when you recollect that been 24 years in office. Mr Douglas was his heart was never debased by avaricem dead; he could have explained all during when you consider the whole tenor of his his time, it was said; they then came to a life, and compare every part of his history later period; then all the papers were burnt with the allegations contained in these char. which could throw a light on the transacges- I am fully persuaded that his inno. tion. Could Douglas have been called? cence will be completely established in Could the destroyed papers have been proyour minds, and your Lordships will pro- duced ? How much might they not susnounce the verdict of Not guilty. I admit pect they would have been able to have that the warrant signed by his Lordship proved, judging from what they had been might expose him to civil obligations, but able to prove. The Learned Counsel had whatever may be the extent of this con- attempted to ridicule the fact of tracing tract, it is of no importance to the noble the bank notes, but if the history of all the Lord on a criminal charge. I say, he has bank notes could have been unravelled, not been proved corruptly, intentionally, what a history might it not have disclosed ! or at all to have taken a sixpence of the They all heard of the book called Chrypublic money, and hence it is unnecessary sal, or the Adventures of a Guinea. Supto reason on the operation of the warrant. pose some such communicative guinea could I contend also, that the argument from the now be found. It might tell them it found statute is as clear as the reasoning from the its way from the Exchequer into Mr Swaffacts; and that both in law and fact he is field's iron chose at the Navy Office; from clear of all guilt. The mens rea is what a- thence, it might say, “ I expected to be lone can establish hisconviction in this coun- transported to the pocket of some brave seatry, renowned for the humane policy of man, or seaman's widow; but judge of my ats penal code. I have endeavoured to shew, surprise, when I was taken out to pay a my Lords, the honourable silence of the bill of the Treasurer of the Navy. Soon noble Defendant, from his sense of public afterwards I found niyself in the House of duty, personal honour, refinement, and de. Commons, and, to my astonishment, heard licacy; and I have contrasted these senti- Lord Melville say he had applied me and ments with the silence of Mr Trotter, from 10,000 others to public purposes, but which the motives by which it was dictated. he would never name. Subsequent to that, The character of Lord Melville is now to
when I had made a few more transitions, I be restored to him by your decision ; he found myself in Westminster-hall, in the has borre his calamities with fortitude ; and pocket of a Counsellor, who was pleading conscious of his own integrity, he will a- the cause of Lord Melville, who was most wait thai decision with a tranquil mind.” strictly endeavouring to controvert both
the law and the fact; but what surprised Fourteenth Day-May 16.
me most was, to hear another Counsellor, The Attorney General replied to the professed to be on the same side, contra. legal doctrines advanced by Mr Plomer, dict his colleagne point blank." Here the and remarked, that they were as erroneous guinea tale must end. The books about as they were novel and dangerous. He which the Learned Gentleman differed it then entered at great length into the mean- was impossible to open; no more than the ing and import of the several statutes re- spirit Giblyn could open the book of the gulating the office of Treasurer ; and in Abbot of Melrose. The Hon. Manager sisted that it was impossible for the most contended, as he went along, that the evi. subtile reasoner, or expert casuist, to con- dence was conclusive of the guilt of the vince their Lordships that Lord Melville Noble Defendant, and concluded his speech had not violated the act of 1786.
of this day with declaring he had no feelMr Whitbread coincided perfectly in ings of personal animosity. His duty done, the law as stated by his learned Colleague, he should retire, and he trusted his name, and thought it sufficiently answered the in going down to posterity along with the learned Gentlemen on the other side. cause, would not be dishonoured; but that Mr Whitbread proceeded to comment on which was honourable in itself would de
rive some lustre from the effulgence of the many modes of communicating ideas bee glory of that Court.
sides by words. When our immortal bard Fifteenth Day--May 19. represents King John as wishing the deatli Mr Whitbread resumed his speech. He of his nephew Arthur, without daring to commented at length on the confession of speak his wishes direct to Hubert, he thus the Noble Lord respecting the application addresses him of 10,000l. to purposes which he avowed
« If thou couldst see without eyes, he would not disclose. He then adverted
« Hear without thine ears, and make reply to the demeanour of Mr Trotter in giving
“ Without a tongue, using conceit alone his evidence, and insisted that, from his manner, as much was to be inferred as
“ Without eyis tears, and harmful sound of
words, from the plainest testimony. He argued from the 4th and sth clauses of the act of
" Then in despite of blooded watchful day,
“ I would into thy bosom pour mıythoughts." 1786, and contended, that they were notoriously violated by the Noble Defendant. Similar, most likely, was Lord Melville's With respect to the want of care in the directions to Trotter, respecting India Noble Defendant in examining his accounts, Stock ; þut if any doubt remained as to this it did not appear that such was his charac- point, surely there could be nene to those ter by his subsequent conduct. He had had sums which the Noble Lord admitted he the caution to insert an unusual clause in had applied contrary to the purposes of a release for the destruction of all vouch- the act. In conclusion, the Hon. Manager ers, and he had not neglected to perform adverted to the manner in which the Coun. that agreement. What would the Noble sel had attempted to defend their client, Lord have said, when in office, to any of Instead of attempting to rescue his imhis inferior agents, if he had come to him peached honour, and restore his character, with such excuses as the Noble Lord now they had only attempted to save him from offered to the Court on behalf of himself. punishment. “Oh! miserable man, to be so With regard to the removal of the money defended, said the Honourable Manager, from the Bank to Coutts's, it was argued Every one of the charges which the Ma. that the Noble Defendant had done it for nagers have presented against you have reasons of official convenience when the been completely substantiated. By your Pay Office was removed from Broad-Street own confession, you have shown that you to Somerset House. But in fact, it was in hàve illegally applied a large of the 1786 that the money was removed to public money, and for that alone we are Coutts's, and the office was not removed justified in seeking a verdict of condemna. until the year 1987-the falsity of that pre- tion against you. You 'expressed your tence was there most evident.
readiness to swear that you did not derive The Hon. Manager next adverted to the any profits from the public money, during refuge taken by the Noble Lord under the the paymastership of Douglas, and we have Sth clause, and refusing to answer the Com- proved that you did. You kave also demissioners of Inquiry. He considered this clared that you derived no profits during as strongly indicative of what were the the paymastership of Mr Trotter, and we Noble Lord's feelings. He fled to the sth have proved that you did. And whai has clause, and exclạimed in the words of the been deposed by our evidence, not a single Scotch song, “ Throw your auld cloak as witness has been called on your part to bout me." If a conduct such as the Noble
We therefore claim from your Defendant's could be overlooked and es- Lordships the just reward of our success cape punishment, it would have the most a verdict against the Noble Defendant.”. baneful public infuence. It was little mat. · The Lord Chancellor asked the learned ter comparatively how this case ended; Counsel for the Defendant if they wished but the example was most terrific. No to say any thing upon the cases quoted by public accountant hereafter need dread any the Attorney General.-Mr Plomer merely responsibility, should the Noble Lord stand observed, that he thought the case of Bremacquitted. He then entered into a detail of bridge and Powell did not apply-The the transaction of 1800 with much spirit, Attorney General stated that he quoted the and observed, had not that loan been nego. case for the principle it established, which tiated, the Noble Lord would not probably he insisted was analogous to the present have been enabled to pay his balances, and the public must have suffered a loss. In ad. The Court then adjourned to the Chama verting to the conversation stated to have ber of Parliament. passed between Lord Melville and Trotter, The Lords spent several days in discus. he observed, that though the latter could sing the evidence.' In the course of their not recollect any of the conversations with deliberations, three questions on the porno precision, it was not to be doùbted but that of law were agreed to be put to the Judges; they understood each other; there were to which the following answers (which