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had no right to controvert. If they fhould find the fact proven, the court pretended that they could not deny the guilt. The fact, viz. that Carnegie had wounded lord Strathmore with a sword, of which wound he died, was proven by the clearest and most undeniable evidence; but fortunately for the cause of freedom, the evidence was also so complete with respect to the animus of the unforfunate pannel, as to bring home the most unequivocal conviction to the heart of every juror, that the pannel had no intention of hurting lord Strathmore in the smallest degree; so that influenced by the powerful reasoning of Mr Dundas concurring with their own strong feelings, they ventured to deviate from the rule that had been prescribed to them, and nobly brought a verdict NOT GUIL TY. This event has formed an epoch in Scotland with regard to the power of juries; so that since that time, although men may be found who have endeavoured to imprefs the minds of the public with regard to the conduct that juries ought to hold, no one has been bold enough to venture to challenge their right of doing what their judgement and conscience may induce them to think proper, however contrary that may be to the opinions of men to whom they would look up with reverence, where they did not evidently with to exercise a power which the constitution of this country has happily vested in other hands.

Juries cannot surely be too careful in preserving invio. late those sacred privileges which the constitution of this country has vested in them; as upon this bulwark alone we may rely with confidence against the incroachments of arbitrary power, more than upon any other whatever : nor ought any degree of misplaced complaisance ever to induce a jury to strain a point to please any mortal breathing, or to put into the hands of another the power to VOL. xiv.


April 24 frustrate the intentions they think in their consciences ought to be carried into effect. In doing otherwise every juryman may be considered as guilty of whatever crime may take place in consequence of his relinquishing that honourable post his country has for the time placed him in. It is not many years since a poor ignorant fellow of a recruit was enticed by two artful villains to go with them from the castle of Edinburgh, and after making him nearly drunk, they conducted him into the Meadows, where the two fellows that were with him robbed a gentleman of his watch and some money, and gave to him the watch as his share of the booty. The poor fellow no sooner became sober, and found the watch upon him next morning, but having a confused recollection of what had pafsed in the evening, and being opprefsed with anxiety about it, he went and revealed what he knew of it to his officer. One of the culprits made his escape, and the other became king's evidence. It was clearly proven that the poor recruit had been present at the robbery, and that part of the goods taken had been found in his custody. The jury were unanimously of opinion that the man had been inadvertently brought into that distressing situation, and had no evil intention whatever; yet, from some remains of that cruel doctrine operating in their minds, That if the fact were proven, this was all the jury had to do, they very unguardedly brought in a verdict GUILTY; but unanimously recommended the man to mercy, which they were then persuaded would as effectually save him as if they had brought in a verdict Nor GUILTY. The fact showed they were in this case mistaken; for in spite of every pofsible endeavour on their part afterwards, tire man was actually hanged. One who was on that jury, since then afsured the Editor, that he would have considered himself as accefsory to the murder of that in

295 nocent person, if he had not all along contended that they ought to acquit him. Let no jury after this put it in the power of any one to prevent that justice from taking place which it is their province on all occasions impartially to administer.

The constitution of this universe, however, is so happily formed, that every evil tends to lead towards its own cure. A desire to grasp at power, as necefsarily produces a counter desire in others to prevent that power from becoming immoderate, as a substance produces a fhadow. Hence it happens that all the valuable privileges which we in this country so fortunately boast of, have been gradually conferred upon us by attempts to extend authority beyond its due bounds. We have every reason to believe, that should attempts of this kind be made in future, similar happy effects will result from it; so that should a temporary inconvenience be at any time experienced from things of this nature, these ought not to excite extreme uneasiness; they ought only to be marked with care, and a steady eye be kept on that point in future. Whenever an attempt shall be made, in consequence of any accidental inadvertency, to wrest the power from a jury, let that pass over as a thing of small moment, but let succeeding juries be more careful to guard their just and acknowledged privileges, by giving no handle for any one to interfere with their decrees. Thus fhall the tranquillity of the state be preserved, and the personal security that every man ought to prize as the most valuable of his prerogatives, be guarded by his fellow citizens, in whose hands only it can be entrusted with safety.


Concluded from p. 258.

THIS gentleman, who had never been known to trespass
against sincerity, as he had given his word to his future bride,
determined not to conceal from her a pafsion so very un
expected. He laid open to her the bottom of his heart,
while the only feigned as much jealousy as sufficed to
let him know that she loved him; and afterwards expref-
sed such resignation and indulgence, and so much confi-
dence in his fidelity, that he could not but execrate him-
self for having been capable of harbouring any sentiment
to her injury. She endeavoured to remove his concern,
by high commendations of his extraordinary prudence
and resolution, in refusing to see the Espagnoletta un-
masked, at the same time advising him that he should see
her so. "That, (said fhe,) is the only way of curing you. To
be sure fhe is another creature under the mask than what
your inflamed imagination represents her; and should she
prove to want beauty, you would soon forget her wit."
No, no, (replied he,) there is nothing like fhunning her i
and this very evening will I beg of my father to put off
our marriage for a few days, while I go into the country,
where I make no doubt but I shall get the better of this
freak; my esteem for will not allow me to give my
self to you in my present distracted state." "No, no, (says
fhe,) I will put you in the surest way to forget the charms
of your Espagnoletta; for unquestionably your passion
will be cured on seeing her without a mask. You may de-
pend on it; for to tell you the truth, it is no longer ago
than yesterday, that one, who knows her perfectly well,
was talking of her, and said that
except her eyes, fhe had
not a single good feature in her face.' Still the lover in-


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297 sisted on a fhort rustication; but the father, who had got intelligence of these transactions, laid his command on his son to bring matters to an issue the very next day.

The contract was signed, and after the solemnization, the splendid company returned to the mother's house. Scarce was supper over, when in came a troop of masks preceded by fiddles. The bride, who had feigned a slight indisposition at supper, requested her husband to perform the honours of the masquerade, while the withdrew to rest a while. With such dispatch did fhe equip herself in her former habit, that the entered the dancing room with another group of masks, which followed soon after the first they both consisted of some intimate friends who had been desired to form a masquerade for facilitating the execution of the bride's artifice. The faithful bridegroom, at the sight of that dreaded object, was for hastening out of the room; but the mother, catching hold of him, informed him she had designedly invited the Espagnoletta, who was at a ball in the neighbourhood, to favour them with her company. "My daughter, (added fhe,) cannot be easy until you see her unmasked; as that will absolutely cure you for fhe is said to be even frightfully ugly,"Ah! madam, (replied he,) all the faults of her face will never cure me of a detestable passion, which so many other charms have kindled; I have already imagined her more hideous than it is well pofsible for her to be, and am not a whit easier. Ah! madam, no longer stop me.'

While fhe was speaking, the Espagnoletta, animated by this scene, which gave her inconceivable delight, exerted the utmost of her skill and vivacity in all the motions of the dance. He turned aside his looks from the irresistible temptation; but he wantonly swept along close by him, which at once expelled his reason and duty, and he

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