against thefe kind of qualifications. A bill for fuppreffing them was prepared by able hands, and was printed. It was approved of by perfons high in the lawdepartment in Scotland; but when it was propofed to thofe powerful, though namelefs beings, called the folks above, it was fmothered, and came to nothing. A fpirit of the fame kind has of late been rekindled;-three counties have led the way. A general meeting, held at Edinburgh, has approved of their refolu tions, and named a committee for getting, the fenfe of the other counties, with a view to offer a bill to parliament; and I make no doubt, that there will be meetings all over Scotland, which will take refolutions fimilar to those in 1775, and a bill will be prepared: but much, much I fear, that when this fame bill hall be prefented above, if nothing farther is done, it will run the risk of meet. ing with the fate of the former. One ftep has been taken, and that a material one, which was omitted in 1775: A contribution has been begun in the general meeting in Edinburgh; and, I make not the leaft doubt, will run through the counties, to raise a fum fufficient for the expences of paffing the bill, and combating oppofition. But all that will not do, without still fomething more; and, unless you do fomething more, you had better fave yourselves the trouble and expence, and neither come to meetings, nor make contributions. If you are in earnest, Gentlemen, and I really hope you are, my advice to you is, to get a fubfcription-paper properly drawn up. A fubferiptionpaper is too low a name; I muft call it rather a folemn affociation: and by what ever name you chufe to call it, let it im port your hearty disapprobation of nomi nal and unconftitutional qualifications for voting at elections of members of parliament, and that in order to check their farther progrefs, until an act can be ob. tained effectually to fupprefs them, and for putting the election-laws upon a more liberal and independent footing. "Therefore the fubfcribing do folemnly covenant, and bind and oblige themfelves, that they will not give their votes or intereft in favour of any candidate who fhall accept of the vote of any elector upon a qualifica tion by liferent, or wadfet of fuperiori ty, or any other fictitious or fraudulent qualification; and that they will do their utmost to difcourage and fupprefs this growing and fatal disorder, by every les gal and conftitutional remedy; and this they promise upon their honours, as freeholders and gentlemen, to one another, and to all who fhall join in the affocia tion." If this becomes general, there cannot be a doubt that it must prove fuccefsful, and it will even make the bill pafs without any difficulty. There will be obstacles enough thrown in the way of fuch an affociation. I fhall ftate the ftrongest objection which, converfing with a friend upon this fubject, he and I thought could poffibly be devi fed. Put a case, said he, where one of two candidates has a majority of the real electors; nay, has the whole, with the addition of two nominals only; the other has a number of nominals, exceed. ing the reals by one. In fuch a cafe, fhould the candidate who has the whole real freeholders lay aside his two nomi. nal fuffragans, his antagonist, without a fingle real freeholder upon his fide, would be chofen the reprefentative of that coun ty. This would be destroying the very end and purpose of the affociation. Therefore, faid my friend, should not the covenant contain an exception of the cafe, where a candidate had a majority of real votes? I confefs, I was at first stumbled with this difficulty. But, in order to clear the ground a little, I asked him, in the firft place, Whether he fuppofed the ftate of any election could be precifely known till it was over? Could the electors of any county be brought to a previous declaration, or a rehearsal of an election? Or, could the candidates be brought together to compare notes? Or, could they tell; or, if they could, would they believe or truft one an other? My friend admitted none of these things could be. If so, said I, the putting fuch an exception into the covenant could ferve no end, but to make it of no earthly use. It would pave the way for more exceptions and diftinctions, till the rule would be excepted and diftinguished away altogether, and would involve gentlemen in a labyrinth of perplexities; fo that if there be any who, for the fake of private friendhips, or for other motives, can fubmit to an infringement of a conftitutional principle, who can admit of the Popish doctrine of indulgences, they had better let the affociation alone, and 1 2 quietl quietly let the yoke be faster and faster wreathed about their necks. For my fhare, Gentlemen, fuppofing the cafe put should clearly exift, and that it could be exactly known before hand how an election ftood, I would advife you to disdain the exception, even in fuch a cafe. I cannot help thinking that nothing could be more fortunate, nor tend more effectually to put an end to these nominal voters, than their getting a reprefentative chosen by themselves, pure and unpolluted by the fuffrage of one real freeholder? Would there be no indignation in fuch a cafe? Would not that very circumstance open gentlemens eyes? Let them, in fuch an inftance, lay their cafe before the Houfe of Commons. The question of nominal qualifications has never yet been tried in that House. Indeed, in my opinion, its true merits have never been directly tried in the House of Lords. The decisions of that Houfe, as appears to me, amount only to this, That no oath could be put for discovering the reality of a qualification, except in the ftatutory words of the 7th of Geo.II. and that the interrogatories devised by a gentleman of the law in Scotland, and admitted by the Court of Seffion, which, like the fpear of Ithuriel, made the fpectres ftand forth in their true fhape, were not authorised by the ftatute; by which means, though thefe qualifications did not escape detection, yet they efca. ped condemnation; and the ftatutory oath, instead of preventing, now only ferves to rivet them upon us. I fay, that the trial of fuch a cafe in the Houfe of Commons would fairly bring this diftemper to a crisis, and one way or other let us know whether there be any hopes of our conftitution being reftored to a ftate of found health. Admit, therefore, of no exception in your affociations; no treaty; not even a parley with nominals. All or nothing; Delenda, delenda eft Carthago, or farewell to your ancient conftitution. Liften not to the people whom you have in vain been used to look up to. Be not put off with their fair speeches, for they certainly will oppofe you; neither be afraid of their threats. They will tell fome of you, that if you appear in this matter, you look for fuch an office: your fon Tom, or Will, wants a commif. fion; you will disoblige certain folks, and be disappointed. Laugh at thefe things, and stand firm. If the bufinefs once gets a beginning as you have the spirit of the law and of the conftitution upon your fide, it will run like will-fire. Come to the next Michaelmas meeting; encourage your friends and neighbours to come alfo. After the other business is over, take up this bufinefs among your felves only; and be not fatisfied with high-founding words, and manful refolutions, fignifying your general approbation of what is going on, or with drinking bumpers to the fuccefs of the fcheme, and the downfal of nominals, but quietly put your hands to the paper. It is ftrange how matters of trifling confequence, in comparison to this, will fet whole counties in motion. If there is a competition for a collector of the cefs, or any paultry office in the county to be difpofed of, there is such riding and running among all the lairds, fuch a brufhing of holiday cloaths, and powderings of wigs, fhoeing of horses, and even laying of ploughs, to get all them and their men properly mounted to go to the meeting. But, in a weighty matter of this kind, will you, Gentlemen of the rank of real freeholders, fit at home, read the newfpapers, and content yourselves with railing at the degeneracy of the times, and the decay of the public fpirit? Take my word for it, if you follow the plan propofed, you cannot fail of fuccefs; you will damp the courage of your op pofers, and extinguish opposition. What fignifies their oppofing a bill, when the bufinefs will, in effect, be done without one? There are independent members of the Houfe of Commons, who will efpoufe your caufe, when the matter is explained to them: And even in the House of Peers, love of the public, infeparable from noble breafts, will, I doubt not, upon due confideration, overcome all motives of an occafional and feeming private interest. I conclude, my dear Friends and Brethren, with this affertion, nay, this affeveration, That if, with the spirit of your ancestors, you will take the resolution to follow the course I have recommended, you will do your own bufinefs. If you do not follow it, you leave your bufi. nefs to other people, and it requires no fpirit of divination to foretell the confequence.—I am, Gentlemen, your mof devoted brother, and humble servant, AN OLD FREEHOLDER, PAR PARLIAMENT. [p. 32.] On Jan. 21. the day on which the Houfe met after the recefs, Thomas Lewin, Efq; fecretary to Mr Whitehill, [fee vol. 44. P. 405.], furrendered himfelf, and was ordered to be taken into the cuftody of the ferjeant at arms. On the jft, Mr Dempfter prefented a petition from Mr Lewin, praying to be difcharged; and moved, that Mr Lewin be difcarged on paying His fees. Lord Advocate faid, Mr Lewin's offence was not of a trifling nature; but as he would be neceffitated to pay the fees from the time he was first ordered into cuftody, which was the beginning of laft May, to the end of that feffion, and from the beginning of this feffion to this day, he thought it no small punishment, and should on that account give no oppofition. The motion was agreed to, and Mr Lewin ordered to the bar of the Houfe; when the Speaker, after a fevere reprimand, told him he was at liberty, on paying his fees. On the 22d, Mr Dempfter prefented a petition from Mr Whitehill, [fee vol. 44. p. 405. & 685.], ftating, that he had returned to this kingdom to fubmit himself to the juftice of parliament, hoping that his abfence does not merit the heavy punishment inflicted by the act of laft feffion, whereby the petitioner, at the clofe of a life worn out in laborious employ. ments, is doomed to inevitable penury and ruin, and to linger out the remain der of that life so spent, amidst the horrors of perpetual imprisonment; and praying for leave to bring in a bill to repeal fo much of the said act as inflicts the penalty of total forfeiture for not furren. dering within the limited time. - Mr Dempfter then moved, that the petition be referred to a committee for their examination and report; which was agreed to. On Jan. 23. was read a first time a bill for reftraining Sir T. Rumbold, and Peter Perrin, Efq; from going out of the kingdom for another year; and on the 28th, the bill, with amendments, was ordered to be ingroffed. Mr Perrin's petition, [vol. 44. p.685.], praying, that the proceedings against him might be diftinct and separate from thofe against Sir T. Rumbold, was granted. Gov. Johnftone faid, he understood that a learned Lord in his eye (Ld Advocate) had fome very material object concerning the Eaft Indies to bring on. He wished there might be no unneces fary delays. Great alterations were expected; no less than new governors or new perfons were to be fent out with new powers for fuperfeding their predeceffors. He trufted that no defign was forming against the chartered rights of the East-India Company, and that the procraftination was not intended merely to procure time for fuch forgeries as might be deemed neceffary for its deftruction. He would therefore with the learned Lord to fay when he would be ripe for fubmitting his plan to the confideration of parliament, or give the House the reafon of his delay. Lord Advocate did not feem altogether pleased with the manner of the Governor's making his requifition. His Lordfhip did not pretend to guess what the Hon. Gentleman meant by forgeries, or overturning chartered rights. Very material alterations would undoubtedly be propofed, relative to the management of our Indian territories. It was certainly intended that a new set of servants should be sent out with new powers; that the revenue of the company should be newmodelled; and that a number of other regulations should take place, more especially that the controuling power of the proprietors over the court of directors fhould be annihilated; thefe were the objects of the committee, and would require time to mature and digeft. He was therefore not prepared, he said, to make any apology whatever for delaying this bufinefs, and for the best reafon in the world, because he was conscious of no delay. Gov. Johnstone was forry to hear, that chains were forging for the proprietary. It was a moft comfortable indication of the learned Lord's regard for the chartered rights of the company, that he intended to deftroy the fupremacy of the proprietors over the fervants of their own appointing! On Jan. 28. Mr D. Hartley observed, that, according to the treaty with France and Spain, hoftilities fhould cease in the narrow feas within twenty days after the ratification of the preliminary articles; but with America they were not to cease till after the conclufion of the definitive treaty. Thus it would fo happen, that within a few days, a French, a Spanish, and even a Dutch fhip, might freely navigate the narrow feas without any dan ger ger of being captured, whilft an Ameri. can fhip muft, by law, be liable to be taken; all trade was at this moment prohibited between England and America; and at the very time when we were faid to have made peace with her, American property found upon the fea was liable to be taken, and condemned in our courts of admiralty. This was a ftate in which no man who wished well to the intercourfe between the two countries would like to fee affairs continue. It would be neceffary alfo to repeal the act of 1776, for reftraining the trade with America. Mr Burke thought, that our whole trade-laws wanted a complete revifion; and a proper and well digested fyftem of trade fhould be laid before the Houfe for their confideration; but this, he was forry to find, minifters had not paid the fmalleft attention to; in this he thought them highly criminal, as they had had the whole fommer before them to digeft a new code. Mr Chancellor Pitt faid, that his Majefty's fervants had been indefatigable in confidering and digesting a great and extenfive fyftem of trade between this nation and other powers. It was not a paultry regulation that would now fuffice; a revolution, perhaps unknown in any former age, had taken place, and would of course materially change the commercial interefts of all Europe. Befides, it would have been no great proof of wifdom in minifters to have prepared, ready for the infpection of the House, a commercial fyftem for peace, till they firft knew the terms on which peace was to be concluded; for before that time it was impoffible to judge how far trade might be affected; furely then there can be no criminality in the conduct of administration in this inftance. The Rt Hon, Gentleman himself had left them a pretty good legacy, by his bill for regulating the expenditure of his Majelty's civil lift; the other great objects that had been mentioned in the King's fpeech had taken no inconfiderable fhare of time; and he hoped ere long fome fruits of their labour would appear before parliament. Mr Eden wifhed minifters not to be precipitate on this head; the late revolution in the British empire, unprece dented in the annals of any other empire that ever exifted, had created the necef fity of a revolution in the commercial fyftem, in our naturalization laws, and the laws of inheritance. It would re quire, therefore, much time and delibe ration to digeft fuch a fyftem as woul answer every purpose; and unless they had a mind to feparate that country for ever from G. Britain, Ireland must go hand in hand with England in all the commercial regulations to be made with América. Mr Sec. Townshend, in order to ease the mind of Mr Hartley on the fubjec of the hoftilities which he imagined muft continue with America, after they fhould have ceased with France, Spain, and Holland, informed the House, that a ceffation of hoftilities between England and America had actually taken place. In addition to the account of the debate on the mutiny of the 77th regiment [p. 25.], we give the following. Gen. Conway faid, that he was well informed, that the mutiny at Portsmouth had not arifen from any diflike to the service in India, but folely from a mistaken notion, that the regiment was fold to the Eaft-India Company, and that the officers, to whom the men were attached, were not to accompany them; and therefore, though he was ready to admit that they were all intitled to their dif charge, ftill they were by no means pardonable in committing the dreadful exceffes of which they had been guilty. There never was an intention in government to force the 77th, or any other regiment, to a breach of their engagement; but as he conceived that they were to ferve during the war, and war raged at the time that he had advised his Majefty to fend this regiment to India, thefe orders were in force when peace came fuddenly on, and of course terminated the engagement of the foldiers. Gen. Smith faid, that an universal apprehenfion feemed to prevail in the army, that, at the conclufion of the war, fuch of his Majefty's regiments as might be in India, would of courfe be fold to the company: but this was a mistake; for every man of them would have his op. tion, at the end of the war in India, ei. ther to return, or to engage in the com pany's fervice; and if the option should be to return to Europe, a passage home, and all neceffaries during the voyage, muft be provided for every foldier belonging to the crown. He farther ftated, that Sir Eyre Coote had written home to request that no more Highlanders might be be fent to India; not from any dislike to them, but because they were not able to bear beat fo well as thofe who were natives of a more fouthern climate: a proof of this had occurred on the first day that Lord Macleod's regiment took the field in India, 120 of the men dropping down is the ranks, overcome by the heat of the fun. The Hon. Mr Frafer arofe, not, he faid, to extenuate any improprieties or criminalities of the men of that particular corps whofe late conduct had given rife to the prefent debate, but to recal to the attention of the House the martial [pirit and moral character of thofe folders who generally are called forth in the forming new levies from the north ern parts of Great Britain. He could, from his own knowledge, declare, that no people in Europe, nor perhaps in the world, are more tenacious of civil contrad than the description of men now in question. There is no fervice, how ever disagreeable or dangerous, provided they have confented to or engaged in it, which they will not perform. Their perfeverance originates in moral obligation; and it is unavailing to endea. Your to force them to continue beyond the specified time without a fresh agreement. The fenfe of moral obligation, which, with religious principles, is in filled into their minds in the early part of their lives, infpires them with that willing activity, fobriety, and perfeve rance for which they are fo eminently diftinguished. He flattered himself, therefore, with the hope, that every gentle, every humane, every confiftent measure would be adopted on this occahion, that the recruiting fervice might not hereafter fuffer in thofe parts of the kingdom by any thing now done here. After the above bufinefs was concluded, Mr Eden reminded the Houfe of his having formerly afferted, that there was no power in the crown to renounce the fovereignty over America; fome gentlemen were of opinion, that fuch power was given by a late act of parliament; he had carefully perused that act, and was not able to discover this power. The question, however, was now of a very different and alarming nature: by the articles of peace it would appear, that the minifters had given away a fourteenth colony, which undoubtedly was not in the view of the act of parliament, refpecting the thirteen colonies; and they had given away also an immenfe tract of moft valuable lands, amounting to near 18,000 fquare miles, between the lakes of the river Ohio, including fix Indian nations, our ancient and prefent allies, and several important fortreffes; which ceffion was made in direct contradiction to the provifions of an exifting statute, intitled the Quebec act. On Feb. 3. Mr Minchin moved for an account of the number of ships from G. Britain and the islands of Jersey and Guernsey, employed in the Newfound land fishery, from the year 1763 to 1777, both inclufive; for an account of the quantity of furs imported from Canada and Nova Scotia, during the fame period; for the quantity of gum Senegal import ed in the fame space of time; and, lafte ly, for an account of the number of flaves fhipped from any of his Majefty's dominions in Africa, from 1763 to 1777. Mr Eden faid, that fome time ago he had moved for such a fufpenfion of the prohibitory act as should allow the exportation of British commodities to New York, Charlestown, and fuch other places, as might be in the poffeffion of the King's forces, And the legislature having adopted his idea, upwards of two millions worth of British manufactures had been landed at the different ports of America, which had been open to receive them; but the Americans in fome of the ftates, feeing that great quantities of these manufactures had found their way into the provinces be yond the British lines, had enacted fevere penalties, nay, even of death itself in fome affemblies, against those who should im. port British manufactures. Now, as long as the laws remained in force by which fuch penalties were to be or might be inflicted, it was almoft impoffible that the fo-much-defired intercourse between the two countries could take place. Minifters must therefore fee, that thofe laws are repealed by the different states that enacted them, before the repeal of the prohibitory act by the Britishi parliament could be of any effect towards reftoring the intercourfe between this country and America. He was willing to believe that minifters were aware of this as well as he was, and that they would take care to infift on the repeal of the provincial laws alluded to, and procure fufficient paffports for fuch fhips as might fail for America before thofe laws fhould be repealed. Mr Minchin'e motions paffed nem. con Lord t ? |