REPORT.

THE COMMITTEE OF PRIVILEGES,

To whom the Complaint made of a Letter written to a Voter of the County of Lanark, to influence his Vote in the Election of a Member to serve in Parliament, by Thomas Ferguson, in breach of the Privileges of the House, was referred; and who were directed to examine the Matter of the said Complaint, and to report the same, with their Opinion thereupon, to The House; and were empowered to report the MINUTES of the EVIDENCE taken before them ;

HAVE

[AVE proceeded further in the Inquiry into the matter of the Complaint referred to them; but it does not appear to them, that any thing in the Evidence which has been taken before Your Committee, renders it necessary to pursue the same any further; and Your Committee deem it proper to report the Evidence to the House.

5 May 1818.

MINUTES OF EVIDENCE.

Mercurii, 22 die Aprilis, 1818.

CHARLES WATKIN WILLIAMS WYNN, Esq. in the Chair.

THE Chairman laid before the Committee the following Letter, received by him.

"Lambhill, by Strathaven, 18th April 1818.

"Sir.-I received the order of the Committee of Privileges of
the House of Commons of the 11th instant, to attend them on the
22d, late in the evening of the 16th; and regret it is not in my
power, from bodily infirmity, to obey that order; and enclose a
certificate to that effect.-I have the honour to be, Sir, your most
obedient and very humble servant,
William Dykes.
(addressed) To C. W. Williams Wynn, Esq. M. P. Chairman of the
Committee of Privileges of the House of Commons, London."

"Springbank, by Strathaven, 18 April 1818.
"These are to certify, that we have been personally acquainted
with William Dykes, Esq. of Lambhill, upwards of ten years; he
is seventy-four years of age, and from the effects of a severe
bruise on the back, which he received about three years ago, joined
to other infirmities incident to his advanced period of life, we are
decidedly of opinion that he is incapable of travelling to London,
by any conveyance, without imminent hazard of his life.-Certified
upon soul and conscience, the 18th day of April 1818, by

Ga" Hamilton, late Surgeon 72 Reg of Foot, on H. P. of
the Forces.

John Vallence, Surgeon, Strathaven.

Mr. Thomas Ferguson, called in; and Examined.

YOUR name is Thomas Ferguson ?—It is.

Where do you reside ?--In Glasgow.

Do you know Mr. William Dykes, of Lambhill?—I do.

Is Mr. Dykes a freeholder of the County of Lanark ?—I believe he is.

Did you address that letter (a letter being shown to the witness) to Mr. Dykes,

of Lambhill?-Yes, I did; I am extremely sorry for having done so.

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The

Mr.

Thomas Ferguson.

Mr.

Thomas Ferguson.

[The letter was read as follows:]

"Glasgow, 24th May 1817, N° 50, Miller-street. "Dear Sir.-According to your desire, I communicated to Lord Douglas your wish to have a situation under Government for your young friend Mr. Dykes; and I am authorized to state, that if you support his Lordship's views in politics, at the first election, his Lordship will secure an eligible situation for your friend, which will be of great advantage to him; and as you are independent of the Hamilton family, I think you should accept of Lord Douglas's offer. If you have not made a promise to Lord Archibald Hamilton, I think you have good grounds to get clear off from what you mentioned regarding your vote, for you certainly have not been well used.

"If an application is made to you from the Hamilton family to promise your vote, I think you should not grant it, until I see you in Glasgow, when I will tell you all about the matter. Sir Alexander Cochrane is not at home just now, otherwise I would have written you more particularly: have the goodness not to mention this matter until the whole is arranged. I will write you when the noddy is painted, and I hope to have the pleasure of seeing you and Mrs. Dykes at Glasgow.

m

"I am, dear Sir, your most obedient servant, (addressed) "Thomas Ferguson."

W Dykes, Esquire, of Lambhill, by Strathaven.

In the words of this letter you say, "I am authorized to state, that if you support his lordship's views in politics at the first election, his lordship will secure an eligible situation for your friend;" to whom did you allude in that friend, a friend of Mr. Dykes; what was his name?-His name is Dykes, but I do not know his first name.

Is he a relation of Mr. Dykes?-I believe he is.

State to the Committee, when you used that term, "I am authorized," by whom you were authorized?—I was not authorized by any person.

You state, that you were authorized to state, that "if you support his lordship's views in politics;" what did you mean by that expression, "his lordship's views in politics?"-That he would support his lordship at the election.

Are the Committee to understand by that answer, that you were aware of a contest then in the county, and that by supporting his lordship you were to support Sir Alexander Cochrane and oppose Lord Archibald Hamilton? I considered it to be the same interest.

You mean to say, you were authorized by no one to write that letter; did you communicate to any body, previous to writing it, your intention of so writing it ?—I did.

To whom did you so communicate your intention?-I communicated it to Mr. Colin Dunlop Donald, writer in Glasgow.

Did you communicate that intention to any one else?--No.

That was previous to the writing of the letter?-Yes.

Who is Mr. Colin Dunlop Donald ?-He is a writer in Glasgow.

Is Mr. Colin Dunlop Donald any agent of Lord Douglas's or Sir Alexander Cochrane?—I believe he is agent for Sir Alexander Cochrane.

But no connection with Lord Douglas ?-No connection with Lord Douglas, so far as I know.

Did you communicate that intention to no one but Mr. Colin Dunlop Donald?-No other person to my knowledge; I have no recollection of having communicated it to any other person.

How long previous to writing that letter did you communicate it to Mr. Colin Dunlop Donald ?-It must have been a day or two before I wrote it.

Were the terms of the letter which you should write settled between you and Mr. Colin Dunlop Donald, or were the terms of the letter written by your own suggestion?-By my own suggestion entirely.

If you were not authorized by any one to write that letter, how happened you to introduce the name of Lord Douglas as authorizing you; and in a subsequent sentence to say, "I think you should accept of Lord Douglas's offer;" neither the offer of yourself, or Mr. Colin Dunlop Donald, but the offer of Lord

Douglas?

Douglas? I considered then that it would please Mr. Dykes, my introducing Mr.

his lordship's name into the letter; but I never had any authority from his Thomas Ferguson. lordship to do so.

Your object was to persuade Mr. Dykes, that the letter had the authority of Lord Douglas, though you now state that it had not ?-It was certainly done to persuade him.

Was your object to persuade Mr. Dykes, that you wrote that letter by authority of Lord Douglas, though you now state you had no such authority? -I did write to persuade him to vote for Sir Alexander Cochrane, considering it to be the same interest as Lord Douglas.

When you stated in this letter, "an eligible situation for your friend," had you any view to any particular situation ?-Not at that time, I had no view to any situation.

In your conversation with Mr. Colin Dunlop Donald, upon the subject of this letter, was any mention made between you two, of Sir Alexander Cochrane, to whom you say Colin Dunlop Donald is agent?-His name would be mentioned. Did you know whether Sir Alexander Cochrane knew, either through Mr. Colin Dunlop Donald or yourself, the result of the conversation relative to the writing of this letter?-I do not think it.

In the latter part of this letter, there is this sentence, "Sir Alexander Cochrane is not at home just now, otherwise I would have written you more particularly;" state to the Committee in what way it was material to your writing more particularly, that Sir Alexander Cochrane should be at home?I do not know the particulars that I had further to state to Mr. Dykes.

In what way would you have written more particularly if Sir Alexander had been at home?—I do not know any particulars that I could have communicated, more than what are stated in the letter.

Do you mean to state, that if Sir Alexander Cochrane had been at home, it was your intention to have communicated to him this letter?—I do not think it was my intention to have communicated this letter to him.

In the latter part of the letter, the next sentence you say, "have the goodness not to mention the matter until the whole is arranged;" state to the Committee what you meant by that expression, "the whole is arranged ?"— I meant, that he should not have exposed my letter to any person, nor shown it till he came to Glasgow and had a conversation about it; but I could state to him no more than what was mentioned in the letter.

To whom did you allude, when you said, "until the whole is arranged," with whom was it to be arranged?—I do not know, unless it was with myself; it was not to be arranged with any person, except between him and me.

In this letter you state to Mr. Dykes, that you think he should accept of Lord Douglas's offer, having stated that an eligible situation should be procured for his young friend; state to the Committee from whom or in what manner that situation was to have been procured ?-It was to be procured, I suppose, through the interest of Sir Alexander Cochrane.

What is the nature of your situation in Glasgow ?-I am clerk to Archibald Campbell, Esq. of Blythswood?-Do you mean Mr. Campbell, of Blythswood, who was member of Parliament a few years ago?-Yes.

Are you in the employ or connected with Mr. Campbell Douglas?—Mr. Campbell Douglas is factor for Mr. Campbell of Blythswood.

Is Mr. Campbell Douglas also factor for Lord Douglas ?—Yes.

Is Mr. Campbell Douglas factor for any person you know of, except those two persons?-He is factor for Messrs. Douglas of Rose Hall, and Mr. Colin Douglas of Mains.

In your duties, as clerk to Mr. Campbell, where do you generally write or transact your business ?-In Glasgow.

In what part of Glasgow ?-In Miller-street.

In what house?—No. 50, Miller-street, the writing office of Mr. Campbell of Blythswood.

Have you any connection or employment whatever under Mr. Campbell Douglas?—I have no connection further than Mr. Campbell Douglas being factor upon the estate of Mr. Campbell, according to his directions I write or do any thing.

From whom do you receive your directions or instructions to transact whatever business you do?-Sometimes from Mr. Campbell of Blythswood himself, and sometimes from Mr. Douglas, but principally from Mr. Campbell Douglas.

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B

Do

Mr. Thomas Ferguson.

Do you ever receive instructions to act in the concerns of Lord Douglas?—No. Have you ever acted in the concerns of Lord Douglas ?-Upon one occasion I did.

State to the Committee what that occasion was ?-Mr. David Wemys, writer to the signet in Edinburgh, employed me to go to the parish of Shotts, in the county of Lanark, to ask the vassals of Lord Douglas to accept of the Honourable captain George Douglas for their superior, instead of his lordship. Did you execute that business?-I went.

At whose expense; who paid your expenses ?-Mr. David Wemys.

What was the nature of your business with those vassals ?-Merely to ask their consent.

Was your object and business with those vassals, to induce them to consent to making a vote or votes on Lord Douglas's estate ?-I merely went there for the purpose of getting the consent; I do not know what his lordship was going to do with the superiority.

Did you obtain that consent?-Of some of them.

Do you know whether any vote was made in consequence of that ?-I do not. State to the Committee who is Mr. David Wemys, who employed you?Mr. David Wemys, the writer to the signet, and agent of Lord Douglas.

Were you aware, in transacting that business, that you were doing the business of Lord Douglas, and not of Mr. Wemys?—I received my whole instructions from Mr. David Wemys.

Did you ever receive any instructions, or communicate upon the subject of those votes, or persuading the vassals to agree to make votes, with Mr. Campbell Douglas, the factor of Lord Douglas ?-Yes, I mentioned it to him when I

returned.

You reported to him the result of your own journey to Shott's parish ?—Yes, I did.

Did you pay several visits, or only to one vassal, on that occasion ?-I paid several visits.

Did you ever transact, as factor or agent, directly for Lord Douglas, with those vassals ?-No.

Only with the instructions of Mr. Wemys?-Only with the instructions of Mr. Wemys.

Did you ever receive instructions from Mr. Campbell Douglas, relative to any vassal in Shott's parish, or any other?-No, only from Mr. David Wemys. Do you keep any of the accounts or account-books of Lord Douglas ?--No. Have you any access to them ?-I have access only to Mr. Campbell Douglas's cash-book, by seeing it on the table.

In the absence of Mr. Campbell Douglas, do you ever transact any business with Lord Douglas's tenants, or other persons, for Lord Douglas ?—No, unless Mr. Campbell Douglas sometimes leaves a receipt with me; and people come in and pay their money, and I receive it.

Did you ever give any discharge for rent, or receive rent on account of Lord Douglas?-I have no recollection of having done so; I may have done so. You do not recollect that ?-I have no recollection at this time; but there are a number of Lord Douglas's tenants come in the absence of Mr. Campbell Douglas.

Do you never recollect giving a discharge to Andrew Rowan of Glasgow, to account, in the year 1817, for £.98. ?—I do not recollect any such circumstance. Do you recollect giving any discharge whatever, for rent paid to the account of Lord Douglas ?—I have no recollection of having done so.

Do you recollect having any transaction with John Chalmers, of Windy-edge, in Shott's parish ?—Yes.

Did you not act, in that transaction, as factor for Lord Douglas ?—No, I have no recollection of having done so.

Is not that letter your own writing ?-Yes, this is my hand writing.

[It was read as follows;]

"Mr. John Chalmers, of Windy-edge, Shotts.

"I have borrowed from you, Sassine in your favour, the onehalf of Windy-edge, dated 5th and recorded 9th June 1807, and charter following thereon, dated 9th May 1806; which I will deliver to you whenever I get the valuation divided.”

Windy-edge, 28th April 1817:

I am, &c.

Thomas Ferguson.

Did not you execute this transaction as agent on behalf of Lord Douglas ?— No, I did not.

By whom were you employed?-By John Chalmers himself.

You state, "I will deliver to you whenever I get the valuation divided;" for what purpose was that valuation to be divided ?-John Chalmers's valuation was a certain sum, and Mr. John Meek was the other.

Was Lord Douglas a party to this transaction ?—No, he was not.

In no respect-In no respect whatever.

Was Lord Douglas superior of those lands?-Lord Douglas was superior of· those lands.

Do you know Mr. James Russell of Long-Acre ?—I do.

Did you ever transact business for Lord Douglas with him?—Yes; not excepting upon this occasion; he is one of Lord Douglas's vassals.

In what parish ?—In the parish of Shotts.

Did you ever transact with him as agent for Lord Douglas ?--I never transacted business to my knowledge as agent to Lord Douglas with James Russell. State the nature of your transactions with James Russell of Long-Acre, or have you had any transactions with him?--It was merely to ask his consent. By whose authority did you enter into that transaction?-I received no particular authority respecting him more than any of the other vassals of Lord Douglas.

From whom did you receive directions to transact with James Russell?— Mr. David Wemys.

Is that letter your hand writing? (a letter being shown to the witness.)-Yes, it is my hand writing.

[It was read as follows:]

"Mr. James Russell of Long-Acre.

"As you have agreed to transfer the superiority of your property in favour of the Honourable Captain George Douglas of the R. N. I hereby relieve you of the arrears of feu duty to the Right Honourable Lord Douglas, at Whitsunday eighteen hundred sixteen, and also of any expense that may have been incurred by Messrs. Callune & Duncan, in the action at his Lordship's instance, for the recovery of said feu duty: whatever expense may be incurred for the transfer of said superiority will be paid by Lord Douglas, and you are to sign the writings necessary for the same freely and voluntarily, when presented for signature.

Springfield,

21st March 1817.

I am, Sir,

Your obedient humble servant,
Thomas Ferguson."

Was Mr. Russell relieved of the arrears here stated ?-No, he was not.

By whose authority did you write "I hereby relieve you of the arrears of feu duty"?-I received no authority from any person to do such a thing.

Do you know, whether Mr. Russell was relieved of any expense that might be incurred, in the terms of this letter?-No, he was not; his superiority has not been acted upon.

Whatever expense may be incurred, you state, will be paid by Lord Douglas; was any such expense paid by Lord Douglas ?-No.

You state, in this letter, that whatever expense may be incurred for the transfer of this superiority, will be paid by Lord Douglas; is it consistent with your knowledge, that the expense was paid by Lord Douglas ?-There was no expense paid by Lord Douglas.

How do you know that ?-Because the transaction has never been settled. What do you mean by settled?-I mean that Mr. Russell's superiority has never been acted upon; the consent of Mr. Russell has never been given. From whom did you receive directions to write this letter, to relieve Mr. Russell from such arrears of rent, and to make the promises therein contained?—I received no directions, from any person, to write the letter.

Had you any general power from Lord Douglas, to transact with his vassals, in cases of this nature ?-No further than merely to ask their consent. State what was your motive for writing this letter, if you had no authority from any person, and were not factor or agent to Lord Douglas?-Because

258.

James

Mr.

Thomas Ferguson.