cess, when he considered, that in the investigation of every circumstance he and his brethren would be aided by the vigilance, the manly good sense, and the enlightened minds of a welleducated Scottish community. It had long been the envy and admiration of surrounding nations, that Scotland possessed such a well-instructed, virtuous people, and the effects of that salutary education had been recently too well displayed to require any eulogium from him. The jury would now see the demeanour of the witnesses, could determine with accuracy the capacity of their minds, and the degree of credit attached to the evidence of each. It was their duty, and he knew well they would exercise it, to examine every circumstance with the utmost anxiety and patience, with a careful discrimination between the contradictory statements, which were eventually emitted where there were numerous witnesses, and with a vigilant care to discover truth, and decide accordingly. When he considered the splendid talents and literary acquirements of the gentlemen of the bar, he was still further encouraged to hope that this institution would be ultimately crowned with success. He was proud to say, that the bar of Scotland was, in point of candour, integrity, ingenuity, eloquence, and tateat, surpassed by none in the world. The introduction of trial by jury presented a wide theatre for the display of their eloquence, for the investication of truth, for the administration of justice, and for steady attachment to the principles of rectitude and integrity, in defence of their clients, which had already ennobled the Faculty of Advocates. And when his lordship reflected, that the bench would derive such powerful assistance in the discharge of their arduous duties, he was confident, that, however imperfect this experiment might at frst be, it would finally prove the best of blessings to Scotland. The February 1816.

duty of the judges was plain. They were required so to be temperate, vigilant, and assiduous, to guide the casual tribunal over whom they presided in the investigation of such points as were connected with law.— The abilities and persevering exertions of the judges on his right hand and his left had long been known, and, he trusted, had been duly appreciated by the people of Scotland. For his own part, he felt all that diffidence which became his important situation.

During a very long and active life, he had paid much attention to the law. But, stepping, as he now did for the first time, into the tribunal of justice, occupying a seat in a court hitherto untried in Scotland, it was impossible not to be deeply impressed with a heartfelt consciousness of its serious importance, and, as he had already observed, of its awful responsibility. But if an ardent desire to investigate every circumstance with a cool and dispassionate mind, if a steady unbiassed regard to impartial justice, and a determination to be influenced by nothing but integrity and truth, constituted any qualifications for this high office, he trusted it would not be presumption in him to consider himself possessed of these. Every human institution was necessarily more or less tinged with imperfection. From the present imperfect state of human faculties and powers, it would certainly be presumptuous in the extreme to hope for absolute perfection. Where a tribunal consists of merely one judge, a defect may arise in his decisions, from misconception of the case. But where a tribunal is composed of a plurality of judges, such a defect might justly be imputed to carelessness or negligence. Contemplating, as he now did, the highly respectable body of lawyers now before him, reflecting on the profound jurisprudence of his very learned colleagues, he felt somewhat confident, that should he in

any

any instance deviate from duty, through error, he would instantly be corrected by the respectable members of court. Ambitious as he might have been, to have a share in the public management of justice on this, his native land, it would afford him the strongest consolation in his dying moments, that his talents, however deficient, and his labours, however imperfect, had contributed in any degree to the benefit of his country. When his public labours had terminated on earth, and himself was removed from the arduous duties of life, he wished for no higher honour, than that it should be inscribed on his monument, that, under GOD, he had been the humble instrument, with heartfelt integrity and rectitude, of administering justice between man and man."

After this address, a jury were sworn in, and the following issue, at the instance of Mr Raeburn and others, laid before them: "Whether, in the course of 1814, a steam engine had been erected in the village of Stockbridge, the smoke or exhalation from which is, or may be injurious to the health, property, and comforts of the suspenders, and whether any means or machinery might be used to alleviate that injury?"The engine had been erected by Mr Kedslie and Company.

Mr Grant, as counsel for the pursuers, opened the case with a very ingenious speech. After the very eloquent address which the court and jury had just heard from the justlycelebrated judge who presided, it would be unnecesary for him to point out the advantages which Scotsmen might reasonably hope for from this new institution. These had already been described in a manner which flashed conviction on every mind. He would, however, congratulate the jury, that the case which was now be fore them, was one of a very simple nature, involving merely a question of fact, not of law. He then stated

the nature of the evidence he was now to produce, and he trusted the jury could have no hesitation in finding the issue in the affirmative.

A considerable number of witnesses were then called, who concurred in stating, that they considered the erection of this engine to have been a very great annoyance to the village. Several of them stated, that their houses had been repeatedly filled with smoke, in consequence of which they were obliged, for the time, to leave them, that their linens had been often spotted, and they were obliged to rewash them.-Mrs Raeburn's servant stated, that one day particularly, when his mistress was in town, the parlour, in consequence of the window being left open, had been completely filled with smoke, and the surface of the window blackened with the flakes of smoke, which Mrs Raeburn shewed him by drawing her white glove over it.-Two respectable builders considered the ground in the vicinity of the engine to have diminished considerably in value; that it had been in the market for ten or twelve years, and though it had not sold anterior to the erection of the engine, they were of opinion its sale would now be materially injured by the engine. Another witness stated, that he was on terms of purchase with the proprietor, but had given up all thoughts of buying, in consequence of the erection of the engine.

Mr Jeffrey, as counsel for the defendants, rose and addressed the jury in behalf of his clients, in a most ingenious and humorous speech. He combated the evidence adduced on the part of the pursuers. He contended, that nothing whatever of a conclusive nature had been brought in support of the charge. No doubt, a servant of Mrs Raeburn's had stated, that his worthy mistress, on drawing her white glove over the window surface, and afterwards her lily white hand, had shewn him some black specks. But

was

was this any evidence? Did not every person know, that in a populous town, where there was of necessity much dust, if the window of a room was left open, the name of the owner might easily be written on every chair and table in the room? He (Mr J.) had seen this to be the case in his own house, west end of George's Street. After a number of very humorous remarks on the evidence, Mr Jeffrey observed, that, from time immemorial, Stockbridge, as the nearest village to Edinburgh which had a running stream of water, had been the common receptacle of all that nuisance which the politeness of the well-bred inhabitants of the good town excluded from their city. At this moment, there were numerous public works in it, such as smithys, bake-houses, skin-works, dye-works, &c. There was also in the neighbourhood a very large distillery. Yet of these there was no complaint made. In particular, there was a place appropriately termed Virgin-square, inhabited by a colony of washerwomen, who, attracted by the salubrity of the air, and the pleasantness of the situation, had formed themselves into a corporation. Yet it was somewhat extraordinary, that Mr Raeburn and his friends had not had the good fortune to seduce one individual of that virtuous and enlightened colony. Neither the preses nor the boxmistresses of that corporation had been prevailed upon to become complainers. But though Mr Raeburn and his friends had failed to do so, he (Mr J.) had a cloud of these pure and amiable females to bear witness in his favour. After a general outline of the evidence be was now to adduce, Mr Jeffrey concluded, by expressing his hope, that, should the jury have the patience to examine all his witnesses, they would find for the defendant.

A great number of proprietors, who had long resided in the village, were then called. They unanimously con

curred in declaring, that they had never, in the smallest degree, experienced any annoyance from the engine: that their properties had not in the smallest degree been injured by it. They had never considered the value of what they possessed as diminished: their clothes had not been hurt or soiled by the smoke, and they never heard any complaints, or dreamt of any.

Professor Lesslie stated, that, by express desire of both parties, he had examined the engine minutely on Friday last. He is in the habit of walking there during the summer months, and other leisure times, and never felt the smallest inconvenience from the smoke. When the engine was examined, it was going at full power, and he considered it, after the examination, as a very perfect oné. A large quantity of fuel was thrown into the furnace by his desire, that he might witness its effects on the smoke, but he saw no reason whatever to consider it a nuisance. Being examined by the court as to what improvements he would suggest, as a man of science, for preventing the smoke, he declared he saw no improvements which could be made, and, from the perfect nature of the engine, would hesitate very much in recommending any, as he doubted the experiment might have a bad effect. Perhaps the chimney might be built higher, but there was danger in doing so, as it might occasion too great a draught of the smoke upwards. This evidence was corroborated by another professional gentleman. Three washerwomen, who had long resided in Stockbridge, declared they had no cause of complaint, and had never found any injury more than usual to the linen under their charge. Other witnesses concurred in the same testimony.

Mr Jeffrey believed the court and jury had now heard sufficient, and he doubted not their patience was exhausted.

The jury was shortly addressed by
Mr

Mr G. J. Bell, for the pursuers, when the evidence was summed up in a most luminous and impartial manner by the Lord Chief Commissioner. Gentlemen of the jury (said his Lordship), I congratulate you on the assiduous and patient manner in which you have discharged the arduous duties of this day. It is particularly happy for us, that in the commencement of this new æra in the law of Scotland, a case of so easy and simple a nature has been the object of our discussion. It will afford us satisfaction, in retiring to our respective houses this evening, that, during the 12 hours we have sat, more has been done than would probably have been done in the ordinary court for twelve months. You have no doubt had a variety of contradictory statements, but it is justice to say, that I consider the evidence on both sides has been emitted by correct, honest witnesses. To reconcile these contradictions, to point out that which appears to you to be the truth, is your province now." His Lordship, after a marked compliment to the counsel on both sides, for the candour which they had this day shewn, gave a short, but eloquent detail of the principal facts.

The jury were then inclosed, and after half an hour's consultation, unanimously found the issue respecting the erection of the engine affirmed, but found it negatived in the other points.

His Lordship then addressed them, -"Gentlemen, in now discharging you from your duty, I return you my warmest thanks for the very handsome manner in which you this day conducted yourselves, and the laudable anxiety you shewed to sift every thing to the bottom. The verdict you have now returned, is in unison with the sentiments of the bench, and I again express my Lopes, that, to distant ages, our country will ever enjoy this best of blessings."

Counsel for the suspenders, G. J.

THE noblest acquisition of the hu

man mind, and which gives a superiority to man over the animal creation, is the faculty of speech. Still, however, this faculty would have fallen short of its present utility, had it not been allied to the art of writing, the most astonishing discovery in the whole circle of the sciences.

The great ends of these important acquisitions are sufficiently obvious to require enumeration; it is by their means we are enabled to express our ideas upon the most extensive subjects; otherwise the grand secrets of human art and science would have been for ever shut against us; and instead of walking in the light of ancient and recent discovery, we should have had to grope our way thro' the solitary avenues of immediate perception. It is from this source, viz. oral and written testimony, that posterity must draw her copious materials; as the labours of our ancestors would have been in vain, had the means of transmitting them to future ages not been discovered. Art and science, in general, have derived the noblest acquisitions from the architectural monuments, coins, medals, and sculptures of antiquity by an intense study of these grand master-pieces of design, the student is enabled to mark the successive gradations and improvements in this interesting department.

partment. Without writing, limited indeed must have been the intellectual pleasures of mankind: whereas, y this happy invention, we can overleap the bounds of time and space-hold high communion with the mighty dead of past ages, and transport ourselves in idea to the utmost limits of the globe. Of the origin of this important art we are, as yet, much in the dark neither sacred nor profane writers give any satisfactory accounts of its first formation: fable and conjecture, in place of demonstra tion, are the blind guides that have been afforded to us in this interesting scrutiny. We have been so long in possession of the invaluable deposit, that we seldom think of the hand that bestowed it upon us, or exclaim with the poet :

Whence did the wondrous mystic art arise, Of painting speech, and speaking to the

eyes,

That we, by tracing magic lines, are taught, How both to colour and embody thought!

The imitative faculties so conspicuous in the human species, enabled man, in his rudest state, to delineate sensible, or visible objects, in a bold. and decisive manner, and to form a sort of hieroglyphic representation, suited to every purpose of public or domestic life. In the history of the most uncivilized and unrefined people in the world, mention is always made of a kind of sensible alphabet, by which they were enabled to represent to one another the various actions of their tribes, both in peace and in war*.

The utility of this branch of knowledge is fully confirmed by the testimonies of the wise and learned in every age and country. Immense application hath been bestowed upon its culture, and it is acknowledged in the highest degree interesting to every order and class of men in society. In the public archives of the nation, those

Robertson's Hist. of America. Hicks's

Thesaura.

invaluable repositories of written momuments, are contained the most impor tant and authentic documents, both of a civil, political, and religious nature; and from these immense treasures may be drawn every species of information, whether geneological, biographical, or historical.

The high estimation in which these monuments have been held by the most enlightened nations may be shewn in that spirit of emulation they have recently manifested for the republication of chronicles, chartularies, and other collections of public records, calculated to elucidate the history or topography of their respective kingdoms. To ascertain the prerogatives of sovereigns, to secure the rights and laws of society, and to restrain the unbounded ambition of sel

fish individuals*, England, France, Italy, and Germany, have enlighten-ed the world by works of this nature; and the publication of Domesday. Book, Rotula Angliae, and the Records of Scotland in "Caledonia," will reflect honour on the present age to the latest posterity.

It is impossible to enumerate the extent and utility of these monuments, and how conducive they are to the improvement of the hunian niind in the various stages of its progress 4.— The greater part of the knowledge we at present possess, has been derived from this exhaustless mine. From the inspection of these inestimable treasures, contained in the cobwebbed cells of monasteries, public libraries, and private collections, we have been enabled to trace to its source the grandeur and decline of states and empires, with the origin and progress of religious and superstitious rites and ceremonies.

The proofs of history cannot be

founded

Astle on the Origin and Progress of

writing.

+Jackson's Chron. Antig. vol. III. p. 255.