Kay's Originals Vol. 2

All Books Kay's Originals Vol. 1 Kay's Originals Vol. 2 Memorials of Edinburgh in the Olden Time Edinburgh Past and Present Old and New Edinburgh Vol. I Old and New Edinburgh Vol. II Old and New Edinburgh Vol. III Old and New Edinburgh Vol. IV Old and New Edinburgh Vol. V Old and New Edinburgh Vol. VI

Go to: « Kay's Originals Vol. 1 Kay's Originals Vol. 2 Title Pages Advetisement Notice to the First Edition CLXXI. Mr. John Dowie, Vintner, Libberton's Wynd CLXXII. Colin Campbell, Esq. of Kilberry, Argyleshire CLXXIII. The Lawnmarket Coach; or, A Journey Along the Mound CLXXIV. The Right Hon. Selina Countess Dowager of Huntingdon CLXXV. Jamie Duff, alias Bailie Duff CLXXVI. Major-General Alexander Mackay CLXXVII. Allan Maconochie, Lord Meadowbank CLXXVIII. General James Grant of Ballindalloch CLXXIX. The Right Hon. the Earl of Moira, commander-in-chief of the forces in Scotland CLXXX. The Commander-in-Chief addressing the Edinburgh Spearmen CLXXXI. Mr. John Wemyss, Mr. Robert Clerk, and George Pratt CLXXXII. Two booksellers. Mr. William Coke and Mr. John Guthrie CLXXXIII. William Butter, Esq., and Sir John Morrison CLXXXIV. James Alexander Haldane, Esq., Minister of the Tabernacle, Leith Walk CLXXXV. Sergeant-Major Patrick Gould, and an Edinburgh Volunteer CLXXXVI. Mr. Benjamin Bell, Surgeon CLXXXVII. "The Five Alls." CLXXXVIII. Rev. Dr. Thomas Hardie CLXXXIX. Sir James Campbell, Bart., of Ardkinglass CXC. Dr. Andrew Duncan, Sen. CXCI. Dr. Andrew Duncan in 1797 CXCII. Major Andrew Fraser, the Honourable Andrew Erskine, and Sir John Whitefoord, Bart. CXCIII. Sir John Sinclair, Bart. of Ulbster CXCIV. Lord Stonefield CXCV. John Home, Esq., of Ninewells CXCVI. Mr. William Grinly, Broker and Auctioneer CXCVII. The Hon. Alexander Leslie, Lieut.-General and Colonel of the Ninth Regiment of Foot. CXCVIII. Dr. James Hamilton, Senior CXCIX. Mr. William Mason, Secretary to the Grand Lodge CC. Rev. James Baine, A.M. CCI. Ebenezer Wilson, Brassfounder CCII. Sir Ilay Campbell, Bart. CCIII. Mr. John Campbell, Precentor CCIV. A medley of Musicians CCIV. A medley of Musicians CCV. William Wilson or "Mortar Willie" CCVI. Dr. Thomas Snell Jones, Minister of Lady Glenorchy's Chapel CCVII. William Forbes, Esq. of Callendar CCVIII. Dr. Gregory Grant CCIX. Rev. James Lapslie, Minister of Campsie CCX. O'Brien, the Irish Giant, and William Ranken, Esq. CCXI. Faithful Service Rewarded CCXII. Mr. George Williamson, King's Messenger and Admiral Macer for Scotland CCXIII. Mr. Francis Braidwood, Cabinet-Maker CCXIV. The Right Hon. the Earl of Eglinton CCXV. Rev. James Struthers, Minister of the Relief Chapel, College Street CCXVI. Rev. Mr. Struthers CCXVII. Lord Monboddo, in the Court of Session CCXVIII. Old Geordie Syme, a famous Piper in his time CCXIX. Sir John Leslie, Professor of Natural Philosophy in the University of Edinburgh CCXX. Old John Tait, the Broom-Maker CCXXI. James Hume Rigg, Esq. of Morton, Isaac Grant, Esq. of Hilton, Achibald Macarthur Stewart, Esq. of Ascog, The Hon. Captain (afterwards General), John Leslie, and Captain William Wemyss CCXXII. Rev. Dr. Buchanan, one of the Ministers of the Canongate Church CCXXIII. Old Widow Ellis CCXXIV. The City Tron-Men; or Chimney-Sweepers CCXXV. William Cumming, Esq. CCXXVI. Rev. John Wesley, Dr. Hamilton, and the Rev. Mr. Cole CCXXVII. Sir William Honyman, Bart., of Armadale CCXXVIII. Rev. Dr. Alexander Turnbull, of Dalladies CCXXIX. Margaret Suttie, a hawker of salt CCXXX. Archibald Hamilton Rowan, Esq., of Killileagh, in Ireland, and The Hon. Simon Butler CCXXXI. Citizen M. C. Browne CCXXXII. Rev. John Walker, D.D. CCXXXIII. M. De Latour, Painter to the King of France, Member of the Royal Academy of Painting at Paris, etc. CCXXXIV. Mr. Thomas Paine, Secretary for Foreign Affairs to the American Congress CCXXXV. Captain James Burnet, the Last Captain of the City Guard CCXXXVI. Samuel McDonald, in the Uniform of the Sutherland Fencibles CCXXXVII. Mr. Charles Sinclair CCXXXVIII. Rev. David Black, Minister of Lady Yester's Church, Edinburgh CCXXXIX. Thomas Jefferson, Esq., President of the United States of America CCXL. Major-General Aytoun and The Duc D'Angouleme CCXLI. Mr. Clinch and Mrs. Yates, in the characters of the Duke and Duchess of Braganza CCXLII. Alexander McKellar; or "The Cock o' the Green." CCXLIII. Lord Polkemmet CCXLIV. James Gillespie, Esq. of Spylaw, and his brother, Mr. John Gillespie CCXLV. Rev. Dr. John Colquhoun CCXLVI. Major Charles Johnstone CCXLVII. Andrew Donaldson, Teacher of Greek and Hebrew CCXLVIII. "Petticoat Government" CCXLIX. Campbell of Sonachan laughing at the Print of "Petticoat Government" CCL. Mr. Thomas Sommers, his Majesty's Glazier for Scotland CCLI. Mr. Francis Anderson, W.S., Mr. James Hunter, and his son, Mr. George Hunter CCLII. Rev. Robert Culbertson, of the Associate Congregation, Leith CCLIII. The Right Hon. Charles Hope of Granton, when Lord Advocate of Scotland CCLIV. Right Hon. Charles Hope CCLV. The Right Hon. William Pitt CCLVI. The Right Hon. William Pitt, and Henry Dundas, afterwards Lord Melville CCLVII. Mr. and Mrs. Lee Lewes CCLVIII. Dr. Thomas Hay, City Chamberlain, and Sir James Stirling, Bart. CCLIX. Colonel Monro, a well known blue-gown beggar CCLX. Sir Henry Moncreiff Wellwood, Bart. CCLXI. Sergeant William Duff CCLXII. Lord Balmuto CCLXIII. Rev. James Hall, D.D. CCLXIV. Mr. Hamilton Bell, W.S., carrying a Vintner's Boy from Edinburgh to Musselburgh, and Mr. John Rae, Surgeon-Dentist, accompanying him in the character of Bottle-Holder CCLXV. Mr. Edward Innes, and his second, Mr. James Cooper, following after Mr. Bell CCLXVI. The Artist under Examination by Sheriff Pringle, with the pursuers, Bell and Rae, sitting behind CCLXVII. The Hon. Sir Nash Grose, one of the Judges of the Court of King's Bench CCLXVIII. Harvey Christian Combe, Esq., Lord Mayor of London CCLXIX. Sir John Marjoribanks, Bart., Lord Provost of Edinburgh, in his robes CCLXX. Rev. Charles Simeon, M.A. of Trinity Church, Cambridge CCLXXI. Archibald McArthur, piper to the late Sir Reginald Macdonald Stewart Seton, of Touch and Staffa, Bart. CCLXXII. Mirza Aboul Hassan Khan, envoy extraordinary from the King of Persia to the Court of Great Britain CCLXXIII. Mr. John Finlayson, formerly a writer in Cupar-Fife CCLXXIV. Rev. David Dickson, minister of New North Church, Edinburgh CCLXXV. Hugh Macpherson, sometime Clerk to the Perth Carriers CCLXXVI. Mr. Henry Johnston, in the Character of Hamlet CCLXXVII. Rev. John Jamieson, D.D. CCLXXVIII. Robert Craig, Esq. of Riccarton CCLXXIX. David Smythe, Lord Methven CCLXXX. General Francis Dundas, Sir Henry Jardine, Sir Robert Dundas of Beechwood, Bart., Captain Hay, the Late Earl of Eglinton, and the Misses Maxwell, etc. CCLXXXI. Rev. John McDonald of the Gaelic Chapel, Castle Wynd, Edinburgh CCLXXXII. Lord Cullen, one of the senators of the College of Justice CCLXXXIII. The Edinburgh Fish-Women CCLXXXIV. William Macdonald, officer to the Highland Society of Scotland CCLXXXV. Sir William Miller of Glenlee, Bart. CCLXXXVI. Lieut.-General Vyse, in command of the Forces of Scotland CCLXXXVII. Rev. Dr. James Peddie, of the Associate Congregation, Bristo Street CCLXXXVIII. Rev. Dr. Peddie, in 1810 CCLXXXIX. Andrew McKinlay, tried for administering unlawful oaths CCXC. James Mackcoull, alias Captain Moffat CCXCI. Beetty Dick, Town-Crier of Dalkeith CCXCII. Two Chairmen; or, "The Social Pinch." CCXCIII. James McKean, at the Bar of the High Court of Justiciary CCXCIV. Sir William Macleod-Bannatyne (Lord Bannatyne) CCXCV. Training a Councillor CCXCVI. John Steele CCXCVII. Mr. John Austin, author of a "System of Stenographic Music" CCXCVIII. Robert Kay, Esq., Architect CCXCIX. Captain Billair and his Wife, who, though a tall woman, always wore high-heeled shoes CCC. The Last Sitting of The Old Court of Session CCCI. Rev. Alexander King, of the Relief Congregation, Dalkeith CCCII. Francis Jeffrey, Esq., Advocate CCCIII. Captain Dalrymple, and Miss Macdonald of Clanronald CCCIV. The Lovers CCCV. Dr. John Brown, alias "The Devil Killer" CCCVI. Miss Burns, a celebrated beauty of last century CCCVII. A Political Set-To; or, "Freedom of Election" Illustrated CCCVIII. Mr. Pierie and Mr. Maxwell. The Ladies are in the Costume of 1785 CCCIX. Rev. George Husband Baird, D.D. CCCX. Provost Elder and Principal Baird. CCCXI. Dr. John Hope, Professor of Botany in the University of Edinburgh CCCXII. Second Division of the Court of Session CCCXIII. Jerome William Knapp LL.D., Deputy-Clerk of Arraigns CCCXIV. Three Social Friends. Mr. Robert Kay, Mr. Louis Cauvin, and Mr. David Scott CCCXV. Mrs. Smith, in the costume of 1795 CCCXVI. The Hon. William Ramsay Maule, of Panmure, afterwards Lord Panmure of Brechin and Navar CCCXVII. A. Colquhoun, Esq., of Killermont, Lord Advocate of Scotland, and A. Maconochie, Esq. (Lord Meadowbank), then Solicitor-General CCCXVIII. The Hon. Francis William Grant of Grant, Colonel of the Inverness-shire Militia CCCXIX. Rev. David Dickson, D.D. CCCXX. Twelve Advocates who plead with wigs on CCCXXI. Rev. James-Francis Grant, of St. George's Chapel, York Place, Edinburgh CCCXXII. The Craft in Danger CCCXXIII. Robert Sym, Esq., writer to the Signet CCCXXIV. Rev. Henry Grey, A.M. CCCXXV. Mr. Robert Macgachen, Accountant of Excise CCCXXVI. Twelve Advocates, who plead without wigs CCCXXVII. John Rose, Esq. of Holme CCCXXVIII. Major Skey, and the Right Hon. Lord Clive (now Earl of Powis), of the Shropshire Militia CCCXXIX. Archibald Campbell, City Officer CCCXXIX.* Archibald Constable, Esq. Appendix Notes to Vol. 2 Index to the Portraits, etc. in Vol. 2 Index to the Names Incidentally Mentioned in the Second Volume » Memorials of Edinburgh in the Olden Time » Edinburgh Past and Present » Old and New Edinburgh Vol. I » Old and New Edinburgh Vol. II » Old and New Edinburgh Vol. III » Old and New Edinburgh Vol. IV » Old and New Edinburgh Vol. V » Old and New Edinburgh Vol. VI

BIOGRAPHICAL SKETCHES. " I have seldom addressed this House ; and much less did I expect that I should have been obliged now to defend myself from the charge of wilful injustice and oppression. These are charges I am not accustomed to have made against me ; and I will say, the words injustice and oppression have never before been coupled with the name I bear. I am very happy that this charge has been brought by a gentleman not acquainted with me, or with my character. The House, too, is unacquainted with me ; but I will venture to say, that in my own country, where I am known, it would not be believed that I had acted with wilful injustice or oppression against any man. Was the Hon. gentleman to represent me so in the city where I principally reside (Edinburgh), there would be an hundred thousand tongues ready to repel the charge, and probably several arms raised against him who made it." * * * * " Before I enter into the consideration of Mr. Morrison's conduct and of mine, it will be necessary to put the House in possession of the peculiar and critical situation of Scotland at the time that letter was written, It will be necessary for me to inform them what are the nature and duties of the office of Advocate-General of Scotland ; what is the responsibility attached at all times to the situation, but more peculiarly so in the times and circumstances at the period to which the charge refers." He then described the defenceless state of the country, and continued- " Under these circumstances, I would act as the safety of the State required, and not measure my responsibility by the frigid rules of strict law. I acted under the full conviction, that if the enemy were to land in the north, the salvation of Scotland coiild only be achieved by its volunteers ; and it appeared more probable that they would land in the north, than direct their attacks against Edinburgh itself. Letters had been received by all the lord-lieutenants of counties, from the Secretary of State, that the information of Government vras such, that an immediate attempt was to be expected on the part of the enemy : this information arrived in Scotland only a few days before my writing this letter. Lord Moira attached such credit to it that lie would not sleep out of Edinburgh a single night ; and positively refused to pass a night at Dalkeith (only six miles distant), lest, in case of invasion, it might delay an hour the orders for the troops to march, He conferred with me upon the subject ; and I, too, considered the country in such a crisis, that though it was in the Christmas holidays, when everybody left Edinburgh that could leave it, I did not think it safe to sleep a night out of town. Such was our opinion at the time in which I wrote that letter ; and I declare, sir, upon my honour, that, when I wrote it, I did expect the French would land in Scotland before the Sheriff of Banffshire had received my letter. " Under such circumstances, I do not so much speak of the legality of the act as of the necessity of it. I come now to speak of the nature and duties of the situation of Lord Advocate of Scotland : it is by no means an office so dry, formal, and precise, in its nature, as the office of Attorney-General in England. I wish the hon. gentleman could define them, as there are no burdens he could possibly lay on me, which I suppose would be equal to what are, in my opinion, the duties of a Lord Advocate. Formerly the Government of Scotland was carried on by a Cabinet Council, composed of the Great Officers of State. Soon after the Union in 1707, the Privy Council of Scotland was abolished, the office of Chancellor was also abolished, and the whole powers of the resident Government of Scotland devolved upon the Lord Advocate and Lord Justice-clerk ; but the Lord Justice-clerk has been merely a criminal judge, and the Lord Advocate in Scotland exercises the whole power of the Government. Every different department of Government looks to me for advice and assistance, even in military matters, which are most foreign to my professional studies, and the Generals of the forces daily confer with me." * * * * In England the different departments of the State are so arranged, that everybody knows where he should apply on an emergency. It is not ao in Scotland. The weight of all the departments of the State rests upon the shoulders of the Lord Advocate. If I have written one letter, I have written at least eight hundred letters to magistrates, with respect to the instructions received from Government. " In order to give the House some idea of the powers which have been always assumed by the Lord Advocates of Scotland, I shall mention one or two instances. The powers of a Lord Advocate are not easily defined.

  Enlarge  

BIOGRAPHICAL SKETCHES, 249 “ In the beginning of the American war, the Lord Advocate of that time, hearing that there were many vessels bound to America, full of emigrants, who, he conceived, might be forced into the American armies at their landing, but who mould, at all events, be lost to their country, assumed to himself a power of laying those vessels under an absolute embargo ; and for so doing, he not only received an indemnity, but the thanks of Parliament. “ My predecessor in office. was certainly never reckoned a harsh or oppressive man ; and yet he took the responsibility on himself for an act which by law is felony. He received certain information of a letter being put into the Post Office at Perth for Edinburgh, which he apprehended to be of important consequence to the State, and he did not hesitate, upon his own responsibility, to have it taken out of the Post Office. It was this letter which led to the discovery and conviction of the traitor Watt. “ I myself, having learned that several vessels were on the point of sailing for America, which had. not on board above a third of the provisions necessary for the passengem on the voyage, positively laid them under an embargo, until the captain should satisfy the Custom-House officers of having taken in a sufficient quantity of provisions for the voyage ; and an act of Parliament has since been passed to prevent such practices for the future. In that case, too, I acted perhaps contrary to law, but I did not think it necessary to ask for an indemnity. Again, at the time of the insurrection in Ireland, last year, I thought it probable that many fugitives would come to Scotland. On a -former occasion, the Irish Government would not allow any person to leave that country without passports. There was no law in Scotland which required the production of such passports ; but I took it upon my own responsibility to order that no person coming from Ireland without a passport should be suffered to land in Scotland. There was no positive law which gave me power to do 60 ; and not having applied for an indemnity, I may be now liable to actions of damages to those people who by my orders were prohibited from landing. But still, I conceive it is the duty of a Lord Advocate of Scotland, to act decidedly in all cases where the State is in danger, upon his own responsibility ; and I will tell the hon. gentleman fairly, that if his motion does not deprive me of my place, I shall always act in the same manner, under similar circumstances. ” * * * “I shall now tell the real story of the transaction. Garrow had, with the knowledge of his master, entered into a volunteer corps. By attending after his work was finished, he had qualified himself as a soldier ; and in order to obtain those exemptions that the law gave, it was necessary that he should be inspected. Before the day of inspection, he asked his master’s leave to go, but was refused : he was so anxious then to reconcile his duty to his country to his duty to his master, that he got up in the middle of the night, and performed that task which his master had assigned him, and then went to inspection. On his return, Mr. Morrison turned him off, notwithstanding he offered to make any amends by additional labour, or by deduction from his wages ; but how did he turn him off? Not aa the hon. gentleman (Mr. Whitbread) would have turned off his servant ; no, he refiued to pay him the wages he had earned before that day, and would not pay him till he was compelled by a decree of the Sheriff’s Court. The time when he discharged him was also material. It was on the 13th of October, when a labourer in Scotland, who is generally engaged by the half-year, could not easily get employment. As there are no poor rates in Scotland, Garrow and his family might have starved in the winter, if they could not find employment. This then is the real case ; and now I will appeal to every man in this House, where ought the charge of injustice and oppression to attach? I almost doubt [fear] now that my legal opinion was correct, and [believe] that, under all the circumstances of the case, Mr. Morrison conld be compelled to pay Gmow his wages for the remainder of the half-year, as there was no neglect of duty on his part. The House will now judge whether it is Mr. Morrison or Garrow who is the injured man. “ Although I confess I had no particular information against Morrison, yet I must, in my defence, mention another circumtance which I was informed of. Early in the French Revolution, there had existed at the town of Portsoy, within two miks of Morrison’a house, a Society called ‘the Friends of Universal Liberty,’ who corresponded with the Jacobin Club of France. I knew that the head and p’mcm mobile of that Society was a man who was likely to have considerable influence over Mr. Morrison. I know that, after the meetings of that Society had become so seditious, when the Sheriff was obliged to crave leave ‘to he admitted to the honour of their sittings,’ they split into smaller partim ; and one of their favourite measures was to obstruct and discourage the raising of the volunteer force.’’ VOL. 11. 2K

  Enlarge