what, according to the true meaning and intention of the Union, is to be the condition of him who paffes from the one order to the other, from the reprefentative to the hereditary clafs? why, clearby this, he acquires all the rights of an hereditary feat, and the rights of reprefentation ceafe, as appertaining exclufively to that condition in which he no longer remains. The committee well know, that the right of reprefentation is fo far from being inherent in Peers as fuch, that it was ftrenuoufly contended at the time of the Union, that it was inconfiftent with, and repugnant to the nature of Peerage. It certainly is a right incidental to the change of fituation made by the treaty of Union. From the fituation in which that treaty placed them, the two Noble Lords have emerged by the favour of the crown, and are raifed to thofe rights, to that condition in the parliament of Great Britain, which in the parliament of Scotland every Scotch Peer enjoyed.

When we chose them, added he, they were in the fame fituation with our felves, they were fellow-fufferers; being no longer in that fituation, they can no longer be intitled to a share of that compenfation which was given to the aggregate body for the lofs it fuftained. They now fit here in their own right, they cannot therefore fit in ours; they cannot be temporary reprefentatives in a place where they have an indefeasible right to appear for themfelves. We are proud of every connection with them, added he, but what is incompatible with their con dition and ours. We hope thefe two Noble Lords, and all those who were formerly of our number, retain their former zeal for the maintenance of our rights; we hope that they who have reached the fhore will not be indifferent to the condition of those whom they have left behind.

He then ftated particularly the cafe of James Duke of Athol, upon whom an English honour devolved in 1736, and who continued to fit in parliament as Duke of Athol and Baron Strange. He obferved, that there never had been any decifion, any question, any even the fmalleft difcuffion upon the subject. The whole had paffed fub filentio; why it did fo, is rather to be conjectured than known. It probably was thought a thing of little confequence, as there was very little chance that a fimilar cafe, that of

an old English honour devolving upon Scotch Peer, fhould happen again. Th cafe now in queftion could not happe under the then circumftances. The Scotc Peerage were then (marting under the wound which the rash and violent hand of party gave in the cafe of the Duke o Brandon in 1711. In that fituation o things the Peerage of Scotland migh think it a point of little moment; but th cafe is very different now,-the Scotch Peers are restored to their rights,-the right of the prerogative is reftored. Th royal favour may now flow in that chan nel as freely as in any other. It was fo many years totally obstructed by that re folution, on which, faid he, I mean not t dwell. I could with it buried in everlast ing oblivion, were it not that that oblivio would extinguish the praise and honou due to thofe by whom the effect of that re folution was done away. I am perfuaded continued he, that the fame fairness and liberality of fentiment which governed upon that occafion will govern now. apply myfelf with equal confidence to every fide of the Houfe, perfuaded that the juftice of the caufe will plead with equal force in the breafts of all.

I have purpofely waved, faid he, all confiderations of policy, as the cauf ftands in need of no fuch collateral aid. But thus much I may fay, the beft, the wifeft, and moft dignified policy, will chufe to do that which is attended with no poffible inconvenience, rather than hurt the rights and wound the feelings of a confiderable and refpectable body of men; and if there were any fhade of doubt in this business, which he protested, after the fulleft confideration, he could not perceive, yet furely, even in that cafe, the fairest and most upright mind, might incline towards that decifion which is favourable to the interefts of many, prejudicial to the real interefts of none. The principle laid down in the preamble to the famous peerage bill was, that the proportion established at the Union was become unequal, by the number of Peers created fince that period. This principle would lead to an increase of our number; we have no fuch right; we make no fuch claim: all we demand is complete representation, fuch as the Union gave us, fuch as the prefent conftitution of parliament abfolutely requires. It can not be complete if thofe are to be included in our number, who have no longer any interest in the reprefentation, and to

whofe

whose present condition, I again and again repeat, elective representation, from the nature of it, cannot poffibly apply.

He concluded with faying, that he was perfuaded their Lordships would, upon all occafions, be difpofed to interpret every article of the treaty of Union in the faireft and moft liberal manner; that fairness and liberality which apply particularly to the interpretation of every fundamental unalterable law, does more efpecially apply to the interpretation of fuch a convention as the Union neceffa rily was. From the very nature of it, one of the contracting parties muft, for the subsequent performance of the engagement, rely upon the honour and good faith of the other contracting party. This confideration will have more weight with the House than any ftipula tion that could be inferted in a convention between two nations who remained independent, and in a condition to fupport their respective rights.

This fairness and liberality of interpretation which belongs to the whole treaty, can apply more properly to no part of it than to that which refpects the Peerage of Scotland. The change the Union made in their condition is known to you all. I hope, faid he, you will keep in Conftant remembrance this day, that before an event fo beneficial to both countries could take place, the Peers of Scotland had great difficulties to conquer.To the attainment of that defirable end, they made as large a facrifice as ever was made by men. Had they retained their hereditary feat in parliament at the expence of half their property, they had made a happy and noble exchange. No man can deferve an hereditary feat in the great council of a free nation, who does not confider it as the first of all rights, the most valuable of all poffeffions. That right, that inestimable poffeffion, for reafons of public utility, our ancestors were contented to forego. In a word, they did that which has ever been counted a mark of exalted virtue:-They chose rather to be little in a great ftate, than great in a fmall one. Deciding on the rights of the defcendents of men so circumftanced, you would be disposed rather to extend than diminish those rights. We afk no extension; we demand nothing but what the Union gave. All we defire is, that you will not, in contradiction to the clear meaning of that agreement, to the fense entertained and declared of it by thofe

by whom it was framed, and in contradiction to the clearest principles of reprefentation, abridge our rights, by curtailing the flender compenfation allotted us for the greatest lofs which men who have any feeling of dignity can fustain.-His Lordship concluded with moving, "That it is the opinion of this committee, that the Earl of Abercorn, who was chofen to be of the number of Sixteen Peers, who, by the treaty of Union, are to represent the Peerage of Scotland in parliament, having been created Viscount Hamilton, by letters patent under the great feal of Great Britain, doth thereby ceafe to fit in this House as a repre. fentative of the Peerage of Scotland."

The Bishop of Landaff, the Earl of Fauconberg, and the Earl of Hopetoun fupported the motion.

It was oppofed by the Earl of Morton. The Lord Chancellor contended again the motion, as going upon a principle not recognised by the Treaty of Union. His Lordship intreated their Lordships to confider how much their dignity, their honour, and their character were concerned in keeping their tribunal pure, untainted, and unfufpected. He pointed out to them the humiliating degradation that muft inevitably enfue if they deviated from the ftrict line of their du ty, in the delivery of a decifion in a cafe, which he thought of great weight and importance. He told their Lordships, they were not to listen to arguments grounded on fuppofed or real inconvenience to this or that set of men; nor were they intitled to confider what an act of parliament fould have been, but what it was. They were bound to abide by it, and to comply with its letter upon the fubject. He infifted upon it, that the giving an English title to a Scotch Peer, could not take away or diminish any one function previously poffeffed by a Scotch Peer; and that he was as fully capacitated to continue the reprefentative of Scotland after receiving an English honour as before. He inftanced the cafe of the Duke of Richmond, who, as Duke of Lennox, was intitled to and enjoyed all the privileges of a Scotch Duke.

After a long fpeech, his Lordthip fummed up the heads of it, which went to prove, that, as the acts conftituting what is generally termed the Treaty of Union ftand, nothing short of a legal incapacity (which letters patent creating a Scotch Lord an English Peer, he contended was

not),

not), can put any of the fixteen Scotch Peers out of the fituation of reprefentative Peers, till the parliament has either expired or is diffolved.

Lord Loughborough replied to the Lord Chancellor; and on the question being put, there appeared, Contents 52, Not Contents 38; majority for the motion 14.

Lord Stormont then moved, that it is the opinion of the committee, That the Duke of Queensberry, being created Earl Douglas, ceafe to fit in the Houfe as a reprefentative of the Peerage of Scotland; which was carried without a divifion. The Prince of Wales and the Duke of Cumberland voted in favour of Lord Stormont's motion.

IN the Houfe of Commons, Feb. 1. Mr Dempfter prefented a petition from certain British subjects in India, figned by more than 500, which was read, and ordered to lie on the table. The prayer of the petition was for a total repeal of the Eaft-India bill introduced by Mr

Pitt.

The fheriffs of London prefented a petition, praying a repeal of the fhop tax.

The Solicitor-General prefented a bill for establishing a court of criminal judicature on the eastern coast of New South Wales, and the parts adjacent. The fame was read a first time, and ordered to be read a fecond time.

After a motion made, and agreed to, relative to the profecution of Mr Haftings, The Chancellor of the Exchequer faid, as he proposed to make a motion to morrow, for taking the CommercialTreaty into confideration fome day next week, he hoped that any gentleman who might be defirous of moving for papers of certain defcriptions refpecting the treaty, would now state in general what their motions went to, that fome idea might be formed of the length to which the bufinefs of to-morrow might extend.

Mr Fox and Mr Pelham ftated the particular points to which they meant refpectively to move for certain papers, the better to enable them to decide on the propriety of embracing France in our commercial fyftem.

The Chancellor of the Exchequer faid, he had not the leaft objection to lay before the Houfe fuch documents as were neceffary for elucidating the subject; and that, though he might not deem the prefeat the most proper time for producing them, if they were fuch as appeared really

effential to the bufinefs, and could be got ready, he fhould not object to them.

On Feb. 2. the bill for eftablishing a court of judicature in New South Wales was read a fecond time.

Mr Rofe, agreeably to his motion of yesterday, prefented the bill proposed for the better regulation of the lottery-offices. It operates as an amendment of a law of George II. on the fame fubject. The keepers of unlicensed lottery offices, and thofe who tranfact the bufinefs of infu• rance, are particularly affected by the new regulation. Formerly it was found neceffary to intimate to a juftice of peace any infraction which happened to be committed, and no diftrefs could take place before the expiration of three days; in which time the offenders might remove their goods from the premiffes. But, when this bill paffes, the cafe will be materially altered; for it enacts, that, upon difcovery, a capias fhall be iffued, and the offenders brought immediately before a fuperior magiftrate, instead of the dilatory manner of an appearance before a juftice of the peace; and further declares, that, unless unexceptionable bail be given, the offender fhall be immediately committed to jail. The bill, after having been read a first and fecond time, was ordered to be further confidered in a committee on a future day.

The Houfe went into a committee of fupply, Mr Gilbert in the chair.

Mr Brett moved, That 18,000 feamen be voted for the year 1787; that 3860 marines be voted for the like fervice; and that 41. per month per man, for 13 months, be voted to defray the charge; which motions were agreed to.

Mr Pitt then moved, that the following papers, which are neceffary to the explanation of the pending treaties, might be laid before the Houfe:

1. An account of the quantity and value of the imports into Great Britain from France between the 5th of January 1714, and the 5th of January 1787, diftinguithing each year, and the fpecies of goods.

2. An account of the British produce and manufactures exported from Great Britain to France within the same space of time, diftinguishing each year, and the fpecies of goods.

3. An account of the foreign produce and manufactures exported from Great Britain to France within the fame space of time, diftinguishing each year, and the fpecies of goods.

was unneceffary, that, should a motion be made for it now or hereafter, he would certainly oppofe it. It was not his wifh to preclude any fpecies of information which could be afforded; but he was an enemy to useless procraftination: and, as many merchants and manufacturers were anxiously waiting the refult of a parliamentary decifion, the intereft of the com. mercial part of the community deferved the greatest attention.

Mr Fox replied, that he believed there were perfons who had fpeculated on the faith of the treaty; but surely that could not be urged as a reason for a precipitate decifion of parliament. Thofe who had a propenfity to fpeculating ought to be left to their own vifionary ideas. The intereft of the nation at large fhould not be facrificed to that of individuals.

The House having refolved itself into a committee, Mr St John in the chair, Mr Middleton was called to the bar, and examined refpecting the conduct of Mr Haftings in the affair of the princeffes of Oude.

On Feb. 25. the Commons went into a committee on the bill for preventing the illegal practice of infuring, uttering policies, &c. in the prefent or any future lottery. There feemed to be but one opinion in the committee; and that was, that the practice which it was the object of the bill to suppress, had risen to fuch a height, that the legislature ought to interpofe its authority: but there was a difference of opinion with respect to one claufe, which fome contended to be effentially neceffary, while others maintained that it would foster the evil it was intended to destroy.-The purport of this claufe was to allow the holder or proprietor of a real lottery ticket to infure the fame, but no other.

Mr Alderman Newnham thought, that by means of this claufe, the illegality of infuring in general might be completely

evaded.

Mr Rofe replied, that the great evil arifing from infurance was, that the poor er claffes of the people pursued, to their own undoing, vifionary plans for enrich ing themselves by infuring. The bill guarded against this, by making it illegal for any one to infure, who was not bona fide poffeffed of a whole ticket.

After some further debate, Mr Gilbert put the queftion, when the committee divided, and there appeared for the claufe 115, against it 78.

Mr Pitt moved, without any preface,

that the House refolve itself on Monday next into a committee, to take into confideration that part of his Majefty's fpeech which relates to the treaty of commerce with France.

Lord Mulgrave feconded the motion. Lord George Cavendish moved, by way of amendment, that Monday fortnight be fubftituted in its ftead.-This brought on a debate, in which

Mr Fox charged the minister with precipitation, in calling upon the Houfe fo fuddenly to decide upon a bufinefs of fuch magnitude as the commercial treaty. He thought a short delay, at least, and a call of the Houfe, highly neceffary on fo momentous an occafion.

Mr Pitt replied, that the charge of precipitation was ill-founded; neither parliament nor the nation could be faid to be taken by surprise, when called upon to confider on Monday next a treaty which had been already four months before the public, therefore they could have no occafion for any delay or a call of the Houfe.

After fome further debate, the House divided on Lord George Cavendish's amendment, when there appeared,Ayes 89, Noes 213.

Mr Pitt's motion was put, and carried without a divifion.

Sir Francis Baffet then obferved, that as fome good might ftill be derived from a call of the Houfe, he would move it for that day fortnight.

Mr Pitt faid that he had no objection, as it could not occafion any delay to the difcuffion.

Upon the question however being put, the motion was negatived.

On Feb. 7. the order of the day for the third reading of the lottery bill having been moved for, a converfation again took place on the claufe which allows the proprietor of a ticket to infure the fame.At length the Houfe divided on a motion made by Mr Fox, for expunging the objectionable claufe, when their appeared for the motion 97, against it 126.

The bill was then read, paffed, and fent up to the Lords.

Mr Sheridan then, in a speech of five hours and forty minutes length, brought forward the fourth charge against Mr Ha ftings, respecting the Princeffes of Oude. At two in the morning the debate was adjourned to the afternoon, when Mr Sheridan's motion was carried, Ayes 175, Nocs 53,

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