A.D. 1818. In the beginning of this year, the important questions between the burgesses and others, and those who had been called as parties in their several actions, came to be agitated before the second division of the court of session; and the causes were ably and keenly argued on both sides. In the petition and complaint for annulling the election, the complainers pleaded, that the six persons who pretended to describe themselves, some as magistrates, and others as counsellors, had no right whatever to assume these characters; that, by the non-acceptance of the other thirteen, the members of council had been reduced below the number necessary for constituting a quorum, and that, therefore, the election was null and void. Independent of this objection, they stated, 1st. That the gentleman who had been chosen provost was not qualified for the office, being an honorary burgess only, and not an actual indweller, carrying on trade and traffic within the town. 2d. That, although it is provided by the set of the borough that the meeting of the old and new councils, for the purpose of electing the magistrates and office bearers, shall consist of forty persons; and that, if any of the proper members shall be absent on that occasion, an equal number of qualified persons shall be selected and chosen to vote in their places, under the denomination of assistants, yet that William Rae, one of these assistants at the late election, was not a burgess. For these reasons, the complainants prayed that the election might be annulled. On the part of the respondents, it was maintained, that the person who had been chosen provost, without feelings of deep concern. She died on the 6th of November, in the 22d year of her age, having been born on the 7th of January, 1796, and married on the 2d of May, 1816. Her body was entombed, with the greatest marks of solemnity, in the royal cemetery, at Windsor, on the 19th of November. This day being observed in Aberdeen as a solemn fast, all public business was sus pended; the churches and chapels were hung with black, and open for divine service both morning and evening. Deep mourning was almost universally worn by all ranks of the citizens, who, by every exterior symptom, testified the sincerity of their grief on the melancholy occasion. The ships in the harbour displayed their flags half mast high, and the bells were tolled, at intervals, during the course of the day. As this is the chronological order in which this calamitous event occurred, and as we could not, without injustice to the citizens of Aberdeen, totally omit to notice their expressions of loyalty, which were not inferior to those of any other part of the kingdom, we thought it expedient to mention the circumstance in the form of a note, rather than break the connexion of our narrative by mentioning it in the text. provost, although he had not accepted, was eligible, as being an ho- A.D. 1818. norary burgess. In support of this plea, they adduced an instance where one, in a similar situation, had filled the office of provost, for several years, without challenge; and, with regard to the objection to Rae's vote, they contended, that it was not necessary, by the terms of the set of the borough, that the assistants at the election should be qualified as burgesses. On the 10th of March, the court proceeded to determine this important case, which was taken up solely on the ground of the last objection. The judges were unanimously of opinion, that Rae, not being a burgess, was disqualified from voting; and that, by such disqualification, there was a defect in the number of forty votes, requisite to constitute the meeting. The objection was accordingly sustained, and the election annulled as illegal.* On the subsequent day, the court, upon the petition of the burgesses, nominated and appointed the three baillies who had been elected and accepted, to officiate in that character, ad interim, for the special purpose of receiving resignations, or giving seizins in any lands held burgage. They also appointed six other burgesses,† to take charge, in the meantime, of the * EDINBURGH, March 10, 1818. The Lords having advised this petition and complaint, with answers thereto, replies and duplies, in respect that William Rae, not being a burgess of Aberdeen, was ineligible to vote in the election, instead of one of the guild brethren, absent from the same, and that thereby there was a defect in the number of forty votes, required to be present thereat: Find, that the whole proceedings of the said Meetings on the twenty-fourth day of September last were illegal; and that the election, pretended to have been then made, of Counsellors, Magistrates, and Office bearers of the city of Aberdeen, was illegal, void, and null, to all intents and purposes; and reduce and set aside the same accordingly, and decern: Find it unnecessary to decide on any of the other objections proposed: Find expences due, and remit to the auditor to report on the account thereof, when lodged: Supersede extract till the first box day in the ensuing vacation, and, in case a petition shall be then given in, supersede extract till the petition shall be disposed of by the court; but in case no petition shall be given in on the first box day in the vacation, then allow an interim decree to be extracted, and to go out quoad the merits of the cause. The Lords having considered the said petition, with answers thereto, replies and duplies, and the practice of the court on similar occasions, with the judgment reducing and setting aside the election of Counsellors, Magistrates, and Office bearers, of the city of Aberdeen; they nominate and appoint Robert Garden, David Chalmers, and James Milne, Esqrs. and, failing their acceptance, Alex. Dun A.D. 1818. the funds, or patrimonial interest of the city, and of the other funds under the management of the ordinary office bearers of the town. In concluding this narrative, we are perfectly aware that we have subjected ourselves to the imputation of blame, by having expatiated too much on topics which are ephemeral, and, perhaps, may be regarded as uninteresting to many readers; and by having introduced matters, respecting which there has been, and still is, a contrariety of opinions. The only apology that can be offered, is, that while wę were engaged in preparing this branch of our work, there occurred, in the town, many events and circumstances of a momentous nature, which could not, in justice to our narrative, be entirely omitted. These necessarily led us to take a retrospective view of several past occurrences; because these occurrences had, in some measure, prepared the way for some of the transactions of the present period, and are so intimately connected with them, that, without some attention to the former, the latter could not be correctly understood. If the political affairs of the corporation are finally settled before this work is published, we shall add some additional account in an Appendix. For Volunteers, Miscellaneous Articles, Fiars of the County, vide Appendix. ANNALS can and Charles Walker, Esqrs. to be Baillies of the said city, ad interim, until the magistracy may ANNALS OF ABERDEEN. BOOK II. CHAPTER I. Of the ancient and present state of the Town of Aberdeen, Suburbs, &c.-Harbour—and progressive improvements—Aberdeenshire Canal. THE town of Aberdeen is placed on an elevated situation, at the south-east extremity of that division of the county, formerly distinguished by the name of Mar, and in 57 degrees 8. 59. of north latitude, and of longitude 2 degrees 8. 0. west from London. It is distant about a mile from the efflux of the river Dee. The harbour and quays form its south boundary, and the Castlehill its termination upon the east. The ground upon which the older parts of the town have been built is very irregular, being formed, in a great measure, of small hills, known by the names of Castlehill, Saint Katharine's hill, Schoolhill, Woolmanhill, and Porthill. In the course of ages, the surface of the ground has undergone many alterations, which have been occasioned chiefly by frequent accidental fires, when the buildings were composed of wood, and other combustible materials; and particularly by the conflagration in the reign of King David II. when the town was set on fire and completely destroyed by the English. In rebuilding houses after the calamity of fire, the owners seem to have made no great exertion in clearing away the ruins and rubbish. By the accumulation of these, in the progress of time, many of the old streets have been raised above their ancient level, and hollow parts have been filled up. These circumstances become evident at the present time, when the foundations of houses are digging in many parts of the town. The circumference of Aberdeen, in the seventeenth century, was calculated to be only 2141 double paces.* It is now about 4500 yards, without including Futtie, or any part of Gilcomston. The village of Futtie, which was formerly occupied chiefly by white-fishers,† is situated betwixt the town and the efflux of the river Dee, and forms its suburb on this quarter. On the west side of the Gallowgate there was formerly a considerable sheet of water, now much confined, and distinguished by the name of the Loch, which supplies the public mills with water for driving their machinery. It has already been remarked, that King James V. in the year 1529, had granted his royal licence to the magistrates to fortify the town with walls, and other works of defence; but it does not appear, that it ever had been encompassed by a wall on any quarter: at least, no vestiges of any such are now remaining, or were to be seen within the memory of man. In ancient times, when the disorders of the kingdom required that the citizens should confine themselves within the gates of the town, and adopt measures of precaution for its safety, the avenues or vennels leading to the fields were generally built up, or so secured as to prevent any sudden entrance of an enemy. This, joined with the contiguity of the buildings, and garden walls, answered every purpose of defence. The gates of the town, * History of Aberdeen, by Philopoliteus, p. 212. + In the year 1809, two courts of buildings were erected, by the treasurer of Aberdeen, for dwelling houses to the white fishers, on the north side of the new pier, where they now reside. Six fishing boats, besides several yawls, are employed, in favourable weather, for taking white fish, chiefly for supplying the inhabitants with that commodity; and occasionally the fishers are engaged as pilots. |