that brother by a third. The title has long lain dormant, but as the will of the first Lord Rutherford contained a condition, that if the eftate fhould be all spent, when any one of the male line died, the title fhould go to the defcendants of the female line; and the prefent claimant, his Lordship faid, he understood was a defcendant from the line of the fifter of the firft Lord Rutherford. His Lordship accompanied this recital with a variety of very pertinent obfervations, and concluded, with an apology to the Houfe for their indulgence. Lord Loughborough contended, that there was not the fmalleft fhadow of argument to induce the Houfe to poftpone the motion of the Noble Earl. The Learned Lord on the woolfack had argued, that it was not confiftent with the trict principles of juftice, to endeavour to criminate, or cenfure any perfon, during the dependence of a cafe, in which his civil rights were ultimately involved -But the motion went to no fuch crimination. It was merely for the purpose of inftituting an inquiry into the truth of a fact, which the Noble Lord ftated in his place confifted with his own knowledge, and which he defired to have inveftigated. If the refolutions of that Houfe were to be violated with impunity, there was an end of the dignity of their proceedings. Could they be more flagrantly violated than in the cafe which the Noble Earl had flated? It was a pofitive and direct infringement of a folemn order of the House of Lords. It was ridiculous to fay, that the Lord Regifter of Scotland, or his deputies, had no difcretionary power to reject claims which they knew to be falfe. The moft contemptible officer under the Crown is invested in some measure with a difcretionary power, fo far as regards identity. Were the clerks of Seffion fo void of diféretion were they fo completely ftultified in virtue of their office, as with their eyes open to confider themselves bound to receive the vote of one who was under the pofitive interdiction of a refolution of the Houfe of Peers, and who comes forward to claim a right to vote as a Peer of Scotland on the eve of a contefted election? Under all these fufpicious circumftances did Mr Rutherford come forward, after a filence of upwards of 25 years. Had his claim been undifputed, after fo long an interruption of the exercife of it? The law requires that he fhould prefent a petition to the King, who is the fountain of honour, praying to have his claims investigated and afcertained. He confidered the character and honour of the Scots Nobility materially interested in the event of this bufinefs; and much as he refpected the Noble Lord (Cathcart) who owed his feat to the vote in queftion, he confidered it but as nought when compared to the degradation which that illuftrious body muft fuffer if they are to remain under the dif cretionary controul of a returning officer; they will be in a more uncomfortable fituation than the reprefentatives of the the most venal petty borough that ever courted corruption. The Learned Lord went at confiderable length into the bufinefs as a queftion of law. He infifted, that if Mr Rutherford did not come forward in the right of Alexander Ruther ford, that he claimed the title in the fame lineage with Durie, confequently was equally inadmiffible. Under all thefe circumftances he felt himself called on to fupport the motion. Lord Hawkesbury and Earl Stanhope fupported the opinion of the Lord Chancellor, and the Earl of Hopetoun fpoke a few words in favour of the motion. At length the question was put, and the Houfe divided, Contents 20-Not Contents 29-Majority against the motion 9. The Prince of Wales was in the Houfe, and voted for the motion. H. of C. 7. The Committee on the pet. of the London diftillers was resumed, and Mr Pitt faid, that fince last night he had been endeavouring, by converfing with both parties, to form a compromise; but finding that impoffible, he was now obliged, as would frequently happen to thofe who attempted to reconcile oppofite interefts, to bring forward a plan that was approved of by neither. In 1786, in confequence of difputes and mutual complaints between the Scots diftillers and the Excife, a new method of levying the duty on fpirits diftilled in Scotland had been adopted, by charging it as a license duty of thirty fhillings per gallon per annum on their ftills, instead of charging it on the wash, as had been done before, and ftill continued to be done in England; and, with a view to enable the Scots diftillers to meet the fmugglers in their own market, a consi derable reduction of the duty was made, being calculated at no more than rod. per gallon, on the fuppofition that their ftills could be charged and worked off only once in twenty-four hours; but as the the English distillers paid a much higher duty, amounting, as was alledged on the one part, to 2s. 1od. per gallon, and on the other only to 2s. 6d. per gallon, an equallizing duty of 2s. per gallon was impofed on all foreign fpirits imported from Scotland into England. This act was paffed only for two years; and as the time of its duration was fo nearly at an end, undoubtedly he would not have propofed any alteration in it but on very juft and cogent grounds. But he thought it had appeared to the fatisfaction of the Committee, that under this act the Scots diftillers had obtained very confiderable advantages over the English distillers. It was admitted by the counfel for the Scots diftillers, that they worked off their fills on an average four times a day, and worked 300 days in the year; and taking the average on this, and on feveral other circumftances, on fome of which no evidence had been given, he computed that the licence duty paid in Scotland amounted to three pence halfpenny per gallon. Now, as on the one hand it was contend ed that the English diftiller paid 2s. 1od. per gallon, and on the other fomewhat lefs, he had taken a medium in that cafe alfo, and supposed them to pay 28. 9d. halfpenny per gallon. With a view therefore to do ftrict and impartial juftice between the two countries, and without the leaft inclination to give a prefer ence to either, he moved that an amendment of 6d. per gallon be made to the equalizing duty on fpirits imported from Scotland into England, for four months, when the prefent law expires; after which a bill will be brought forward upon a more equitable principle for both countries. In behalf of the Scotch diftillers it was argued by Sir William Cunningham, that fuch an alteration in the act, which was already fo near expiring, would not only be a hardship on the Scots diftillers, but a breach of agreement with them. Before the paffing of this act, it had been conftantly afferted by the London diftillers, that the Scots diftillers paid no duty at all; and when the profecution for a fioence duty in Scotland, and an equalizing duty on importation into England was made, they had declared themfelves fatisfied with the equalizing duty of 2 s. per gallon, and if that should be paid, declared themselves indifferent whether any duty were paid in Scotland or not. Mr Pitt faid, that, by amending the act before its expiration, no breach of agreement or of public faith would be made. The provifions of the act had not been adopted in confequence of any agreement between the Scots and English diftillers, but to enable the Scots diftillers to meet the fmugglers in their home market, and as an experiment un der which the manufacturers might have an opportunity of making improvements in the art of diftilling, which the old mode of levying the duty in fome measure precluded them from doing. On these grounds the licence duty and the equali zing duty had been calculated according to the best information that could be had, fo as to give no advantage to the diftil. lers of the one country over those of the other. But it had proved on trial that the Scots diftillers had a very material advantage, and that both the English diftillers and the revenue fuffered a very material injury; it was therefore perfect. ly fair and reasonable to restore both par ties as foon as poffible to that equality on which it was the original intention of the act to place them. The refolution passed without a divifion. 12. A petition was prefented to the Houfe of Lords in behalf of the Earl of Dumfries, ftating in fubftance, that, at the late election of a Peer of Scotland, the votes were equal for him and for Lord Cathcart; but that the clerks of Seffion, acting as the returning of cers, had admitted the vote of a perfon claiming the title of Lord Rutherford, though discharged by a refolution of the Houfe 15th March 1762; and the petitioner craved the Houfe to take the matter into confideration, to reject the vote illegally admitted, and inflict fuch cen fure on the clerks as the offence merited, and prayed generally for relief. After hearing the petition, the House ordered, that the faid petition be heard on Monday the 10th of March next: That the petitioner may have leave to be heard by his counsel thereupon: That George Home and Robert Sinclair, two of the principal Clerks of Seffion, do attend the Houfe on the faid roth day of March next, and bring with them the original minutes of the meeting held for the election of a Peer of Scotland, on the 10th day of January laft, and the original proxies and figned lifts there exhibited, and all other papers, entries, and documents refpecting the tranfaction of the faid election : That notice of the faid petition be fer ved upon John Anderfon of Gowland, in the county of Kinrofs, who claimed to vote by the file and title of Lord Rutherford, at the faid election; and that he may, if he thinks proper, by himfelf or his agent, duly authorifed, attend the Houfe at the hearing of the faid petition, on the 10th day of March next, and that he be at liberty to be heard by his counfel thereupon, if he thinks fit: That the faid petition be served upon his Majefty's Advocate for Scotland, and that he do attend on behalf of his Majefty thereupon. There was alfo prefented to the House a petition from Lord Cathcart, ftating, that Robert Colvill at Laurencekirk had Toted at the fame election, under the title of Lord Colvill of Ochiltree, but to which title he had no right; and therefore pray ing the Houfe to take the matter into confideration, and to reject the vote of the Laid Robert Colvill: whereupon the House ordered, that the faid petition be heard on the 10th day of March next, and that the petitioner have leave to be heard by counfel thereupon: That notice of the faid petition be ferved on Robert Colvill at Laurencekirk, in the county of Kincardine, who claim ed to vote at the faid election on the 10th of January laft at Holyroodhoufe, by the file and title of Lord Colvill of Ochiltree; and that he may, if he thinks proper, by himself or his agent, duly authorifed, attend the House at the hearing of the faid petition on the 10th day of March next; and that he be at liberty to be heard by his counfel thereupon, if he not expect it from him, that he should ftate that it was on that account that he complained of it to the House ; undoubt edly it was not. (Mr Pitt laughed heartily.) The true caufe of his urging a complaint against the pamphlet was, that it tended to degrade that Houfe, his Ma jefty, and the Houfe of Lords, in the eyes of the public, and to hold forth the whole Legislature as acting upon bafe and improper motives on a fubject, in which, of all others, it behoved them to act on the pureft principles, and with the ftricteft regard to impartial juftice. Having thus generally ftated the ground of his complaint, Mr Fox then read a paffage which alluded to Mr Haftings enjoying, in a peculiar degree, the fmiles of his Sovereign, and infinuated that his profecution originated in that circumstance. Mr Fox commented on this extract, and faid, it was beyond all doubt highly indecent to impute it to that House to have been governed in their Impeachment of Mr Haftings by fo improper a motive, as a defign to thwart the wishes of the Sovereign. He read another paffage, which charged the Houfe with having voted fome of the Articles of Impeachment, without having inquired into their truth, and notwithstanding their convic tion that they were founded in misrepre fentation and falfehood. A third paffage ftated, that the majority had followed the Minifter in their vote on the Benares charge, after the Right Hon. Gentleman had, in his fpeech, fully juftified Mr Haftings in the principal part of the tranfac tions flated in that charge, and only con demned him for what he intended to do, and for having exacted rather too heavy a fine. He next read one or more paf14. H. of C. Mr Fox called the atten- fages in which the writer juftified Mr tion of the Houfe to a complaint againft Haftings' whole conduct in India, on prin a libel. He faid, a pamphlet had been ciples which, Mr Fox faid, he hoped and put into his hands, which, although it had believed were exclufively the writer's efcaped his notice, he understood had been own; and, laftly, he read a paffage which published near a fortnight. It contained ftated, that the parties of the day joftled a grofs and fcandalous libel on the Com- each other in the dark, in order to run mittee appointed by that Houfe to ma- down a deferving character; and that if nage the profecution of Mr Haftings, as any man went to India, and, after a long well as a libel upon the House itself, up- feries of extraordinary and meritorious on his Majefty, and upon the whole Le- fervices, characterised by his eminent and giflature. With regard to the reflections obvious zeal for his country, and his ar on himself perfonally, and on his friends, dent loyalty to his King, returned to who were Members of the Committee, Great Britain, and was received with he certainly did not, on that account, the voice of the people and the applaufe ftand forward to complain of the pamph- of his Sovereign, unless he coalefced with let. It likewife, in terms of great licenOppofition, and fought their favour, he tioufnefs, made free with the Right Hon. rifqued the vengeance of the party, and Gentleman oppofite to him; but the Rt. was liable to be impeached and undone. Hon. Gentleman, he was perfuaded, would After adding fome obfervations on the thinks fit: That notice of the faid petition be ferved upon his Majefty's Advocate for Scotland, and that he do attend on behalf of his Majefty thereupon. flagrancy agrancy of the libel contained in the pamphlet, Mr Fox faid, he was rather at a lofs what motion to make, as to the mode moft proper for the House to adopt for the punishment of the libeller. The pamphlet was, in the trueft fenfe of the words, a public libel, and for that reafon a profecution by the AttorneyGeneral might be the moft proper mode of proceeding to punifh; but he would leave it to thofe who were moft likely to be in poffeffion of the opinion of the Houfe, as to the mode of punishment moft proper to be purfued, and would content himself with moving the general preliminary motion, viz. "That the pamphlet complained of contained a libel highly reflecting on his Majefty, and upon the proceedings of this Houfe, and was an indecent interference with refpect to the profecutions now depending on the impeachment of Warren Haftings, Efq; late Governor General of Bengal." Mr Fox having delivered in the pamphlet to the clerk at the table, Mr Hat fell read its title as follows: "A Review of the Charges against Warren Haftings, Efq;" &c. Printed by John Stockdale. Mr Hatfell read the paffages complained of fhort, pro forma. The Chancellor of the Exchequer then rofe and faid, though it appeared that he was perfonally interested in the pamphlet complained of, it, really had not been noticed by him till the moment that the Right Hon. Gentleman had ftated its contents to the House. From what the Right Hon. Gentleman had read of the pamphlet, it appeared to him to be not only a libel, but a libel of a very heinous, though he conceived, not of a very dangerous nature. From the little he had heard he had no doubt that the paffages extracted by the Right Hon. Gentleman, were fo libellous, that no context could rescue them coming with in that defcription; but as it would not be right for the Houfe upon fo flight a fuggeftion as a Member reading extracts, to ground a motion, however otherwife proper, he wifhed the Right Hon. Gentleman would fuffer the pamphlet to remain on the table for a day, in order that Gentlemen who wifhed to know the contents before they voted, might read it, and forbear to make any other motion," than that the pamphlet complained of as a libel be taken into consideration on any future day." With regard to the mode of profecution, undoubtedly a profecution by the Attorney General would in the prefent inftance be the proper mode to be adopted, though he fhould on that and every other occafion contend, that the Houfe had it in its power at all times to punish the breach of their privileges by means of their own authority and jurifdiction. Mr Fox coincided with the Chancellor of the Exchequer as to the propriety of fuffering the pamphlet to remain on the table for the perufal of the Houfe, before any motion was made refpecting it, other than "that the faid pamphlet be taken into confideration to-morrow," which he moved accordingly, and which was unanimously agreed to. Trial of Mr HASTINGS. Feb. 13. Sir Peter Burrel, (Lord High Chamberlain by deputation) apprehenfive of the confequences that might be occafioned by a mixture of carriages and immenfe crouds of fpectators on foot, in and about the ftreets leading to Weftminifter Hall, and the two Houses of Parliament, on a day when a Governor General of the British dominions in Afia was to be brought to trial, had taken the wife precaution of applying for a mili tary force in aid of the civil power, which would have been infufficient to maintain order and regularity on this extraordinary occafion. The precaution was neceffary. For, fo early as eight o'clock in the morning, the number of carriages paffing through Parliament Street was immenfe, and continued to be fo till near twelve. In confequence of this application, detachments from the Horfe Grenadier and Foot Guards, to the number of near 400, attended; and, through their acti vity, and the judicious manner in which they were ftationed, confufion, and the accidents that are ufually infeparable from it, were much prevented. It was impoffible for us not to be ftruck with the fymmetry of the building erected for the trial, the convenient difpofition of its parts, and the appearance of awful grandeur through the whole. But all thefe vanished, or were abforbed in the contemplation of the beauteous females that graced the benches, and difpelled the awe we felt, when we confidered that this was the feat of Vindictive Juftice. Rich in beauty as in drefs-they could not be viewed without admiration and emotion emotion-their jewels darted light, but their eyes fhot fire. They occupied near three-fourths of the building. Soon after eleven o'clock, the members of the Committee appointed to manage the impeachment on the part of the Commons, entered Weftminifter Hall in full difs, and feated themselves in the boxes prepared for their reception. Mr Burke led the proceffion. The other members followed by degrees; as their names were called over in their own House they departed from it, and repaired to the feats deftined for them in the Hall. In the center of the front row was an armed chair for the Speaker. A little before twelve o'clock her Majefty entered; fhe did not appear in the box prepared for her, but in a part of the Duke of Newcastle's gallery, which was divided from the reft by bars and fide-curtains. A large chair of ftate was placed for her, in which the was pleased to feat herself. On her Majefty's right, fat the Prin cefs Royal; on her left, the Princess Elizabeth; to the right of the former, the Princefs Augufta; to the left of the latter, the Princess Mary. At twelve o'clock began the proceffion of the Lords from their own Hqufe; the march was folemn, fuited to the character of judges and the occafion which had impofed upon them that venerable character. The Peers were preceded by The Lord Chancellor's attendants-two and two. The Clerks of the Houfe of Lords. Serjeants Adair and Hill. of the Black Rod. Two Heralds. The Lords Barons-two and two. The Lords Bithops-two and two. The Lords Vifcounts-two and two. The Lords Earls-two and two. The Lords Marquiffes-two and two. The Lords Dukes-two and two. The Mace-Bearer. The Lord Chancellor, with his train borne. (All in their Parliament robes.) When the Peers were all feated, the Chancellor's Mace-bearer made a proclamation for filence. He then faid, in a loud voice, "Warren Haftings, Efq; come APPENDIX to Vol. VII, forth, thou and thy bail, or thou wilt for feit thy recognizance." Mr Haftings was immediately brought to the bar by Sir Francis Molyneux, Gentleman Uther of the Black Rod. He was attended by his bondímen, Sir Francis Sykes, and Mr Sullivan; and, kneel ing at the bar in the box affigned for the prifoner, he was defired to rife, which he accordingly did. The Serjeant at Arms then made proclamation, which he did audibly, and with good articulation, "Oyez, Oyez, Oyez. Whereas Charges of High Crimes and Misdemeanours have been exhibited by the Honour able the House of Commons in the name of themfelves and of all the Commons of Great Britain, against Warren Haftings, Efq; all perfons concerned are to take notice that he now ftands upon his trial, and they may come forth in order to make good the faid Charges." Froclamation being made, the Lord Chancellor rofe, and addreffed the prifoner as follows: "Warren Haftings, "You ftand at the bar of this Court charged with High Crimes and Mifde meanours, a copy of which has been de livered to you; you have been allowed counfel, and a long time has been given to you for your defence; but this is not to be confidered as indulgence to you, as it arofe from the neceflity of the cafe, the crimes with which you are charged being stated to have been committed at a diffant place. Thefe charges contain the most weighty allegations, and they come from the highest authority: this circumftance, however, though it carries with it the moft ferious importance, is not to prevent you from making your defence in a firm and collected manner, in the confidence that as a British fubject, you are entitled to, and will receive, full juftice from a British Court." To which Mr Haftings made almost verbatim the following answer: "My Lords, "I am come to this high tribunal e qually impreffed with a confidence in my own integrity, and in the juftice of the Court before which I now ftand." The Clerks of the Houfe then proceed. ed to read a charge, and an answer to it alternately, till they got through feven; by that time it was half an hour after five o'clock, and nearly dark. The Marquis of Stafford then moved, that their Lordships fhould adjourn (till to-morrow), to the Houfe of Peers. The motion |