this country have a moral sense, and can strongly feel an indecent injury. Their lordships could not go to their homes with the exultation of foreign triumphs; they had added nothing to the ancient name and glory of the country; he blamed no one for this; perhaps no prudence could have prevented it; but it was an awful state, and they ought to inquire how they would meet it. They might, at least, return with unviolated faith, with some statesman-like qualities, and with the poor and humble praise of being honest men. They would not emulate sailors, who, instead of conveying the ship safe through a storm, seize on the occasion to break open and rob the chest. If the country had the faculty of renovating under the beaks of vultures, that would be something; but let them be convinced that it is so, before they give up their sacred trust. Perhaps the vengeance of heaven hangs over the nation! Let their lordships prepare to meet it with some mitigation of the evil, by returning to the practice of honest times! This, if it do not avert misfortune, will enable them to bear it with fortitude.

Lord Harrowby contended, that the documents on the table established the claim of the Duke of Athol to additional compensation. It was clear from the statements of the revenues of the island, that since the original agreement, a very considerable augmentation had taken place, and as the public enjoyed the advantages of that augmentation, it was but com mon justice that the duke should obtain some share of the increase of the resources of his hereditary possessions. It was not, he asserted, in the view of the ministry which formed the agreement, that it should be final. It was carried to a certain extent, leaving the question of any future addition to be determined by the circumstances of the case, when such an addition was required. To refuse then now to listen to the duke's claims when the increase was universally admitted, was what would be unfair betwixt individuals, and still more so betwixt an individual and a powerful government. He insisted also, that too great a degree of precipitation was used in framing the original agreement, and maintained that it would be extraordinary indeed that no other opportunity should be given for revising an act of the legislature. What was asked, was what not only generosity but common justice required; and he was confident that however anxious the public were for economy in the expenditure of the national treasures, they would not express any dissatisfaction at an act

which

which merely gave an individual a certain compensation for advantages of which they were in possession. He on this conviction gave his hearty assent to the bill.

The Marquis of Buckingham opposed the measure strenuously, as resting on no parliamentary grounds. Their lordships were called on to pass a bill of this description without even a shadow of the evidence of its justice or necessity. There was indeed a voluminous body of evidence and information on the table, but with a degree of precipitation almost unexampled, the bill was attempted to be hurried through parliament, and not even the slightest opportunity was to be given to determine what inference that evidence and information fairly warranted. He conjured their lordships, there fore, from regard to the dignity and the consistency of their proceedings, from respect to the principles of the constitution, from a wish to preserve the confidence of the people, not to suffer such a grant of the public money to take place at so late a period of the session, without all means of forming a correct idea whether the grant was what justice to an individual required. Jealousy in the distribution of the public money, at all times requisite, was rendered peculiarly necessary from the circumstances in which the country was placed. If the public were willing to make great sacrifices, they at least bad a right to expect that what was cheerfully granted, should be applied only to purposes of national advantage. He impressed on their lordships this consideration, that a very unfavourable impression would be made, when it went abroad to the public, that a grant of the public money was made independent of all proof of its necessity, nay, even when the information moved for was hardly laid on their lordships' table, and could not possibly be examined. He surely needed not to say any thing stronger than this, that several of the most important papers had not been two hours produced, and if the same precipitation was persevered in, the bill might have received the royal assent before their lordships could have perused the one half of the documents intended to prove its justice or necessity. Having placed this idea in a forcible. light, the noble marquis proceeded to vindicate the character of the person at the head of affairs when the original agreement with the Duke of Athol took place. He repelled all the attacks made against the proceedings of one whose memory was naturally so dear to his heart, and denied that he ever exhibited, in any part of the transaction, either violence or precipitation. Nearly two years, on the contrary, had

been

been employed in investigations into the subject previous to the agreement, which the family of the noble duke whose claims were now so strongly urged then held to be perfectly satisfactory. This the noble marquis confirmed, by reference to papers on the table, and others to which he had opportunities of access, which their lordships in general did not possess. As he was convinced that the original compensation was regarded as final at the time, so was he equally convinced that no case for further compensation had been established. The increase of revenue was no argument for the passing of the bill. If such arguments were admitted, there was an end to all agreements, either betwixt individuals, or betwixt individuals and the government of the country. He concluded by declaring that he should vote against the bill, as sanctioning a very unwarrantable application of the public money.

The Earl of Carlife contended that the bargain was a compulfive one, and that the contracting parties had not ftarted from the fame place, and confequently could not have ftood on the fame grounds. The queftion was between a mighty empire, and an individual, and it was becoming the legiflature to revife and refcind its former act, if the compenfation under it was, as he maintained it was, inadequate for the rights purchased. It had been said that the house had no information before it to warrant the paffing of the bill. But had not the other houfe of parliament made fufficient inquiries on the subject, and fent up the bill to them founded on their examinations, which muft have appeared to them fully fufficient to justify it? On these grounds he fhould vote for the meafure.

Lord Sidmouth thought he should violate his duty as a member of that houfe, as a member of the British people, if he did not protest against the paffing of the bill, and the mode in which it had been brought forward. It had been ftated that the other houfe of parliament had made every neceffary inquiry into the grounds of this measure before they had fent it to this houfe. He had no doubt that they had, and though he had come to this houfe with every feeling of respect for the privileges of the other house, he knew what was due to the collective wifdom of parliament, and to their lordships. They thould not take it for granted that inquiries had been made in the other houfe, but ought to inftitute inquiries themselves upon grave and ferious measures. It appeared by the votes of the other houfe, that the bill had been three months in that houfe before they asked their lordships'

lordships' concurrence in it. Three days had fcarcely elapfed fince it was placed on their lordships' table, and yet they were called on to fanction the principle, without time to examine a fingle leaf of the voluminous evidence, and after they had admitted the neceffity of information. But if the bill was to pafs in the manner propofed, it would receive the royal affent before the order for its being printed could be complied with. He averred, that from all the information he had the opportunity of collecting, the impreffion on his mind was unalterably and irrevocably that the hopes of. the Duke of Athol must be disappointed. It was painful to have been obliged to adopt fuch an opinion, but he felt it a duty to the public, which required it. When, in 1802, the noble duke memorialized his majefty on the fubject, his majefty referred the memorial to the privy council, and they to the law officers of the crown, perfons as able and eminent as any that had ever filled the offices they held; and they reported, that they found no ground for conceiv ing that the compenfation had been inadequate. Another memorial was then received from the Duke of Athol, and the privy council came to an unanimous, though reluctant decifion, which they reported to his majefty, that there was no ground for confidering the compenfation inadequate. Afterwards the noble duke presented a third memorial, which he ftated to contain new facts. A change of adminiftration fucceeded, and the privy council, on this third memorial, came to a determination, that, confidering the amount of the revenue, 70,000l. appeared to them an inadequate compenfation. He could not fee on what ground the compenfation could be confidered grofsly inadequate, though he was fure the privy council formed its opinion most confcientiously it was for the Duke of Athol to fhew, that the compenfation had been grossly inadequate. The opinions of the attorney and folicitor general ftated, that after paying at the rate of 30 years purchase for the income, there was a fum of 46,000l. for the rights of feignory and royalties. Was that fum inadequate for fuch rights, fo unprofitable in a pecuniary view? The augmentation of the revenues of the island had arifen from additional duties, and not from improvement. The appeal to their generofity would find advocates in their lordships' bofoms. He was alive to those feelings of generofity, but he could not indulge them by a grant of the public money, unless the claim to generofity Thould alfo be founded in juftice. If their lordships were to VOL. III. 1805. 4 C

fanction

fan&tion this precedent, it would lead to fimilar applications on the part of perfons who had entered into contracts with government. The noble lord here adverted to the contracts with one noble duke for a pecuniary compenfation in lieu of duties on coals imported into London, and with another noble duke in lieu of duties on wines imported into London, as inftances in which, on the fame grounds, applications might be made to the legislature. On all thefe grounds, therefore, he trufted the houfe would negative the bill.

Earl Suffolk corroborated the ftaternents of the noble. viscount who had juft fat down, and of the noble and learned lord who had fpoken early in the debate, that this precedent would lead to fimilar applications. He fhould himself prefer a claim on as good grounds; his brother, and father, and grandfather had been killed in the fervice of their country, and he had himself been well nigh killed alfo in that fervice. They had a property of fixty thoufand acres of land in America, which was loft to them by the American war. This property was worth two hundred thousand pounds, and yet his mother and fifter, to whom that property had been left by his brother, had received but 2001. as a compenfation for it. He gave notice then, that if this bill fhould pafs, he fhould, when he might have friends in the administration, bring forward his claims on this head, He thought the noble vifcount deferved great credit for the manner in which he had refifted this application, and he was fure the country did and would think as he did on the fubject.

Lord Mulgrave contended, that the fift fet of lawyers to whom the claims had been fubmitted, had given no decifive anfwer, only that they faw no reafon to think that the compenfation had been inadequate, but that the next fet had pofitively given their opinion that it was inadequate. He allowed the minifter who concluded the bargain, every credit for his attention to the interest of the public, but contended, that the parties had been driven into the bargain against their inclination. The noble viscount had expressed an apprehension, that if this claim were to be allowed, it would lead to the opening of other contracts. But these contracts had been made on a calculation of pounds, shillings and pence, which had been compensated, and therefore could not be opened again; whereas, the contract under consideration had been for rights of seignory, which could not have been so estimated according to their full value; and here he

could