Martin — Answers, 18 Dec 1765

Dec. 18.’ 1765. A N S W E R S F O R Thomas Martin, William Morison, James Balrdie, W i l l i a m T a i t, Bailies of the Borough o f Pitten- weem; James Martin junior Treasurer; James Martin senior, William Martin,Alexander Ander- s on, Robert Ramsay, D avid Lowson, D avid Bow­ man, Robert Stevenson, Alexander Hamilton, James Thoms on, William Melvi,Thomas David- s on, Thomas Watson, James Thomas Ba l­ lardie, and John Durkie, all present Counsellors of the said Borough, T O T H E P E T I T I O N and C O M P L A I N T o f Peter Rams ay and Andrew Wils on, late Bailies; John Brown, late Counsello r; and Robert Dick, James Nairn, Colin Fowler, and John Henderson Burgesses of the said Borough of Pittenweem. » >,; ^ f 1 T HE complaint exhibited in the name of theseseven persons, contains a recital of certain sta- tutes, respecting the election of members of parliament; and concludes with praying, That the late late general election of the magistrates and counsellors of the borough of Pittenweem, may be reduced and made void upon this ground, of its having been brought about by bribery and corruption, in order that a person in Mr Alexander’s interest may be returned delegate for the borough, at the ensuing election of a member of parliament for the distr ict. This complaint having been presented on the 12th November last, the respondents were ordained to put in answers thereto, within thirty days after its being served upon them. Accordingly the respondents did put in answers within that time, setting forth, That the complaint was incompet, and ought to be dismis- sed, in regard that the election complained of, having been made on the 10th of September, the two calendar months, to which the privilege of exhibiting such summary complaint stood limited, by the statute of the 1 6th of his late Majesty, had expired before this complaint was presented, and consequently the Court had no jurisdiction for trying the merits of the elec­ tion in that manner; but your Lordships were pleased, on the 14th of December instant, to pronounce this in­ terlocutor: ‘ The Lords having heard this petition and complaint, with the answers thereto, they re­ pel the objection to this complaint; and find the same competent; and ordain the respondents to give in answers to the boxes on Wednesday next with cer­ tification the answers will not be received thereafter, without an amand of 40 shillings Sterling.’ These further answers accordingly are now humbly offered. The district of boroughs, of which Pittenweem is one, having lost their representative in parliament, by the death of Sir Henry Erskine, Baronet, in August last, several candidates soon after offered to supply the vacancy, particularly Colonel John Scott, William Alexander, Esq;and Sir John Anstruther, Baronet. Colonel ft •'****• Colonel Scot was the first in the field; and, proba­ bly, apprehending that his situation, as a military- man, did not afford a very strong recommendation to a district of maritime boroughs, he seemed resolved to use more weighty arguments with the voters for gain­ ing his point. He had, some time before, lent to the town of Pittenweem L. 373 Sterling, upon bond, at 4 per cent. His friends and agents roundly proposed to discharge this bond, upon the town’s giving to the Co­ lonel its interest in the election. The persons employ­ ed in offering these terms, were Bailie Andrew John- ston of Anstruther-Easter, since deceased, and James Nairn, shipmaster in Pittenweem, one of the present complainers. This happened some time prior to the last Michaelmas election: And this proposal, though its acceptance would have been beneficial to the com­ munity alone, yet the council rejected it, and resolved to espouse the interest of such candidate as should ap­ pear best qualified to promote the general good of the distr ict. This happened prior not only to the Michaelmas e- lection, but the arrival of Mr Alexander at Pittenweem, or the appearance there of any agent for him. It be­ comes necessary, however, to mention it here, as well as to take notice of other attempts of the like kind, both for shewing how far the complainers, and those of eir party, can, consi stently declaim against the practice of bribery and corruption; and because the complainers may possibly have been led to imagine, that some such slump bargain must have passed be­ tween the respondents and another candidate, in re­ gard that such an offer, on their part, had not been attended with success. Men are apt to judge of others by themselves; and, it is believed, this will, in the end, appear to be the best apology for the complain- ers ers alledging, that such a bargain part between Mr Alexander and Bailie Martin, one of the respondents. After Colonel Scott’s unsuccessful attempt, above- mentioned, Mr Ellis Martin came to Pittenweem; and, among others of the counsellors, solicited his name- sake, Bailie Martin, for his vote and interest, in fa­ vour of Mr Alexander. Bailie Martin did, at that time, give no assurances of any preference to a parti­ cular candidate; but only signified, that he was in­ clined to favour the interest of Alexander Wedderburn,. Esq; if he should stand candidate, from the regard he bore to Sir Henry Erskine. Mr Martin naturally re­ presented to the bailie, the advantages that would arise to the district, by having a representative engaged in Such extensive trade as Mr Alexander, and the ability and fitness of that gentleman, in many respect s, for discharging so important a trust; which the bailie ju st- ly took to consideration. But it is denied, that there was any bargain or agreement betwixt Ellis Martin and the bailie, on this or any other occasion. Mr William Alexander himself afterwards came to Pittenweem. He solicited the interest of the several members of the council, and, successfully, endeavour­ ed to obtain their favour, and a preference to other candidates, upon considerations fair and ho­ nourable. But it was not for some time after, nor e- ven till after the Michaelmas election, that he obtain­ ed the declaration of the council in his favour. By the set of the borough of Pittenweem, the coun­ cil consists of four bailies, a treasurer, and 19 counsel­ lors; in all, 24 persons. These are the electors of their successors; and as there is no limitation upon their choice, it has happened there, as in most boroughs in the same situation, that seldom more than two or three members of council have been changed at the general elections, elections, unless when particular circumstances re­ quired a greater alteration. Several of the present counsellors have been long in the administration of the public affairs of this borough. None of them were ever accused of bribery; and they must be admitted, by all who have had access to know their conduct, to have managed the affairs of the com-* munity, with remarkable disinterestedness. With regard to Bailie Martin, who is represented as the chief agent in the chimerical transaction on which the complaint is founded, he esteems himself happy, that the only circumstance of private life or character, which the complainers can mention to his disadvan- tage, is low birth. As he does not understand this to be a crime, or disqualification in the eye of law, were it true, so he will not trouble your Lordships with a particular defence against this charge, or a recrimina­ tion of the like kind, being convinced that it would not affect the merits of the cause, were he to satisfy your Lordships, that the nominal complainers are of much lower birth than himself. The respondents hope to make it appear, in the course of this process, if it shall proceed, That they both rejected all offers of bribery, and, with beco­ ming resolution, contemned the threats, and other illegal measures used by the complainers party, for intimi­ dating them from doing their duty in favour of a can­ didate, whom they looked upon, as, in many respects, best qualified to represent their borough. Nor will their disinterestedness in refusing even the offers of re­ lieving the community of its public debt, be the less distinguished, that the revenues of the borough are very small, owing to the decay of its trade; and that the magistrates have, at different periods, been distressed by diligence, for payment of its debts. In particular, they were once attacked with ultimate diligence, at the the instance of a gentleman of the family of Anstruther, for a sum due to him, for which he had heritable secu- rity, and at a time when he was their representative in parliament. This, and other causes, has long in­ clined this borough to oppose the interest of that fami­ ly in political matters; and, accordingly, it was the first of the district that joined Sir Henry Erskine, their last representative. It will appear however, that, with respect to the last general election of the magistrates and council, there was not a single alteration made with the view to the election of a delegate, far less from undue influence, or bribery and corruption, but from motives that can be avowed and maintained. The only alteration made at the election in question, consisted in the removing two of the complainers, Mess. Wilson and Ramsay, from the magistracy, and a third, John Brown, from the council. Bailie Wilson had, some time before, become bankrupt, and Bailie Martin, one of the respondents, had, with difficulty, got all his creditors but one to agree to a composition, on condition that Bailie Ramsay, who was the principal creditor, should also accept of the same. Bailie Ramsay accordingly signed the agree­ ment with the other creditors; but it was afterwards discovered, that he had privately got a sum of money from Bailie Wilson to induce him to do so. This con­ duct in their private affairs, appeared to the respond­ ents a sufficient reason for removing them from the direction of the borough’s affairs, in the character of magistrates. At the same time, it must be admitted, that they were intitled to displace them, if disposed, though no such reason had occurred, and both of them still continue members of the council. The only counsellor turned out was John Brown, who had married a near relation of Mr Nairn’s, another of the complainers, and one of those agents, who had endeavoured endeavoured to purchase the borough by a wholesale bargain, as already mentioned. From this connexion with Mr Nairn, Brown was presumed to be attached to his interest, and consequently to be in some mea- sure under undue influence. The respondents there­ fore thought it proper to remove him. As for the election itself, it was carried on in the most regular and unexceptionable manner, as appears from the minutes of election produced. The voters were so much agreed in their choice, that, according to what is said in the complaint, the minority only consisted of three in number: But although the majority was indeed considerable, yet it is equally true, that several of the respondents did then vote differently from Bailie Martin, which shewed that they were not led or influenced by him. The respondents, in gene­ ral, deny, that they were engaged to model the new council according to the direction of Bailie Martin, or any other person, as set forth by the complainers; and assert, that they neither received from Mr Alex­ ander, or any of his agents, reward, or promise of reward, to influence their suffrages at that election. There were no protests taken, or objection made, at the time of election, although it is acknowledged the the complainer, Bailie Ramsay, was present; and as the same person is said to have been present when the former council are alledged to have impowered Bailie Martin to treat for the whole, it can hardly be doubted, that if such commission had been truly given, and any bargain followed upon it, he, or some of his party, would* have made it a pretext for di- sturbance and protests. Thus, however, the election peaceably proceeded, and all the members, excepting one, were continued; which is surely far from having the appearance of new-modelling the council, with a view to the return of a delegate. After After this election, Mr William Alexander conti­ nued to solicit the interest of the members o f the council; and he succeeded in obtaining it; so that a considerable majority publicly declared for him, as the candidate who appeared to them most deserving. Bailie Martin, in particular, owns, that he did then heartily join his interest, though without the influence of any bribe or reward given, or promised to be given, to himself or the community, as set forth in the complaint. So far as his example or persuasion could induce his bre­ thren of the council to adopt the same sentiments, Mr Alexander had the advantage of i t; and if they accor­ dingly had regard to the opinion and inclination of a magistrate,who they believed had the good and honour of the borough and district at heart, they are not blameworthy on that account.. Other than such laudable considerations, the respondents had not, when they joined the same interest; nor did any bribe or corrupt stipulation, influence them in that respect. Thus too, when Mr William Alexander, in October last, resigned his pretensions as candidate, in favour of his elder brother and partner, Robert Alexander, Esq; the respondents agreed to support his election, from the same honourable motives, and without any bribery or undue influence whatever. The complainers affect to speak of Mr Alexander, as a person whose name was till then unknown in boroughs. But that gentleman and his brother are of a family, too long distinguished in the commercial world, to render it credible that a maritime borough, not very far distant from the place of their rcsidence, could be ignorant of their name and reputation. Their power and opportunity to promote the interest of the boroughs in general, and to be of service to in­ dividuals, arising from the extent of their trade, was well known; and their good disposition to exercise that that power, without expedition of profit to themselves, had been experienced by many. A representative, pos- essed of such qualifications, could not fail of being considered, by every unbiased elector, as the most proper for boroughs, whose prosperity almost to­ tally depends upon trade and commerce. But, notwithstanding this advantage on the part of Mr Alexander, no sooner did Colonel Scott quit the field as a candidate, than Sir John Anstruther appear­ ed in his place; and for whom, the Colonel became a zealous and active agent. It is true, that Sir John is possessed of a large estate in the neighbourhood; but as to interest, either natural or acquired in this borough, he had none. The respondents think, they need use no further argument to vindicate their attachment to Mr Alexander, in preference to Sir John, or any other landed gentleman. Sir John, however, begun his attack upon them, and he, or his agents, set out briskly on the plan of corruption; though without that success which they expected from it. Some particulars of the practices used shall be here set forth, which will further show the resolution of the counsellors of Pittenweem, in resisting such undue attempts to bribe or influence them. It has been already observed, That Colonel Scott, from a candidate, became an agent for Sir John An­ struther. In this character, he applied to Bailie Mar­ tin, and offered at once to discharge the town’s bond, and give L. 400 more to the community, from which the expence of entertaining the council was to be de­ duced, providing they would engage for Sir John. He also offered to give Bailie Martin the disposal of the places then vacant, of comptroller and tidesman at Anstruther, But this second attempt upon the whole community proved unsuccessful, as the first one had done. Sir Sir John Anstruther, or his agents, then set to work, in endeavouring to corrupt almost every member of the council separately. Thus Mr Fall offered, in Sir John’s name, to Bailie Martin before last Michaelmas election, as much as any other candidate would offer, to stand Sir John’s friend; and assured him, that his giving his interest to Sir John, would tend more to the bailie’s particu­ lar advantage, than his giving it to any other candi­ date. Miss Sophia Smith, was sent to Bailie Martin, with an offer of L. 8o a year, providing he would join Sir. John. Baillie James Ballardie was offered 50 bolls of wheat, on the same occasion, by Robert Bowsie brewer in Pittenweem. Alexander Anderson counsellor, was offered L. 50 by William Anderson, late baron-bailie of St Mo- nance. This offer being rejected, this counsellor was sent for to the house of Robert Bowsie in Pittenweem, where James Anderson shipmaste r in Anstruther-Ea- ster offered him the land he presently possesses, belong- to the sea-box of that town, rent-free, if he would vote for Sir John. An attempt was made upon Robert Ramsay coun­ sellor, by James Nairn, one of the complainers. This not succeeding, a Lady most nearly connected with Sir John, next applied to Mrs Ramsay, and represented. to her, that her husband was old, and probably would not live long; but that if (he, Mrs Ramsay, would get him to vote for Sir John, (he should be enabled to live happily all her days: And further, that, as Sir John had taken the Abbey-Park, now in Mr Ramsay’s possession, he would let him have it rent- free. The same Lady had a like conversation with Mr Ramsay himself, respecting the Abbey-Park; at part of which, Sir John was present. David Bowman counsellor, was offered L. 40 to vote for for Sir John, by Bailie Macky of St Monance. The like sum was offered him by Bailie Andrew Johnston; and likewise, L. 15 yearly, until he should be provid­ ed in a tidesman’s place. L. 40 was offered to Mr Bowman’s wife, by the said Baillie Macky, on the same condition of obtaining her husband’s vote; and the bailie likewise offered to give her a silk-gown, and to employ her husband to make all his candles. James Thomson counsellor, had an offer made him by Alexander Fall of London, another of Sir John’s agents, That providing he would get his brethren, sea-faring people, to join Sir John’s interest, he would give them five doggars, to carry on their fishing. Other attempts, both by threats and offers, to corrupt Mr Thomson, were unsuccessfully made, by other agents of the same party. ' Thomas Davidson counsellor, was offered L. 50 for his vote, on Sir John’s side, by James Robertson brewer in St Monance. This offer being rejected, the same lady, who had endeavoured to corrupt Mr Ramsay, made a like attack upon Mr Davidson’s wife, by offer­ ing, as a bribe for her husband’s vote, that she would indemnify him of the value of all the lines and boats he should lose at fishing, whilst able to work, and support him and his family, if he should become unable. Lastly, William Melvil counsellor, had sums of mo­ ney offered him, by James Robertson in St Monance, and other agents for Sir John. Besides these particulars of this kind of dealing, the respondents have good reason to believe, that several others will come out on proof of the same nature. "When it thus appears, that the counsellors of this borough, had so much virtue and resolution, to resist those repeated attempts to corrupt them, both as a community and individuals, by large bribes and do­ nations, to be instantly given; it must appear to your Lordships incredible, what is alledged in the com­ plaint, that they should have been all gained to M r Alexander’s Alexander's interest, by a promise made to a single person, of afterwards paying the public debt of the borough, and giving them a small dividend of a pre­ carious nature. The complainers have not ventured to alledge, that any one of the respondents was otherwise bribed to join •that interest, than by such a promise; and consequently, it must either be supposed, according to the complainers story, that with hearts and inclinations susceptible of cor­ ruption, they could prefer a promise of payment of the town’s debt, to large sums of money in hand, and other liberal provisions for themselves and families; or, as was really the case, that they were honest and disinterested men, who withstood corruption, and em­ braced that side, which, from principles of con- science and honour, they thought intitled to the pre­ ference: which of these suppositions is the most pro­ bable, is humbly submitted. Indeed, had bailie Mar­ tin truly made such a transaction with Mr Alexander, as the complainers affect to believe; the other respon- dents, who compose the far greater part of the coun­ cil, or the community through them, could not be thereby hurt, as Bailie Martin had no power to bind them; and they never knew nor heard of such a trans­ action, till of late, that the opposite party has propo- gated the story. The respondents must further observe, That it will come out in evidence, that the persons in whose names this complaint is exhibited, were themselves agents on the part of Colonel Scott and Sir John Anstruther, and were guilty of using threatenings, attempts to corrupt, and other undue practices, for seducing the counsel­ lors, and engaging them on his side. It is submitted, if such proof will not be sufficient to bar these com­ plainers, personali exceptione, from insi sting in this com­ plaint, upon the pretended ground, of practices of the like nature having been used by others. The respon­ dents dents are advised, that an attempt to bribe, though unsuccessful, is equally criminal and punishable, as the actual giving or receiving of a bribe. This ap­ pears to be consonant with reason, as such attempt is not merely an indication of intention to do wrong, but is an actual wrong; as the committer of it has done all in his power, to carry such his evil intention into execution; nor can it alleviate his offence, that the person he attacked, had too much virtue and re­ solution to be seduced by him. Such however has been the conduct and corrupt proceedings of the complainers, and others of their party; and your Lordships will thence judge, with what propriety this complaint has proceeded from them, supposing it were in every circumstance founded on fact, as it is not. It seems however to have been a rule adopted by them in this affair, to leave no mea­ sure untried, however desperate, that might tend to distress their opponents. Thus, when bribery could not avail, such of the re­ spondents, and their friends, as were any way depend­ ent on public favour, or public interest, were threat­ ened with the loss of their bread and means of subsist- ence. Endeavours were used to excite commotions in the borough, and stir up the inhabitants against the council: With this view, all the public-houses in the town, were engaged by the agents for Sir John Anstru- ther, where every body was invited to drink, without paying for it. Thus a scene of rioting and drunken- ness was exhibited, till then unseen in Pittenweem, or perhaps in any borough in Scotland. But as,after all, the towns-people did not seem Suf­ ficiently disposed to make an insurrection against their magistrates, Lieutenant Bruce, of the navy, Mr Wil­ liam Chalmers, and others of those agents, hired and col- collected a number of people from St Monance, and places in the neighbourhood, to come down and make a mob in the town. These people accordingly made a great riot, and actually attacked the magistrates and council, when coming from the council-house, wound­ ed the treasurer, and hurt several others. Finally, as their last effort, recourse has been had to the present complaint, from which they are not likely to reap more advantage, than from their preceding attempts- of a different nature. It only remains to notice what is thrown out in the complaint, with respect to the council’s taking possession of the council-book. The clerk had been in use to keep that book in a cellar, open to the street, where every body had access. The magistrates finding no act of violence was spared to disturb them in the administration of the town’s affairs, thought it their duty to take care, that, on such an occasion, the re­ cord of their proceedings should be neither abstract- ed nor destroyed. They therefore directed that the book should be kept in the town-house, under a lock and key, where the clerk should have access to it at all times, or any member of council; but that extracts should not be given from it, without au­ thority of the council, in order that it might be certain such extracts were fully and accurately taken. Upon the whole; the respondents humbly hope, that if a proof shall be taken as to what is set forth in the complaint, and these answers, it will thence appear, That the conduct of the complainers, and the agents and others of their party, has been highly improper and illegal, and that this complaint against the re­ spondents, is groundless and injurious. In respect whereof, &c. D A V. R A E.