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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 estate mould be all spent, when any one of the male line diets, the title should go to the descendants of the female line; and the present claimant, his Lordship said, he understood was a descendant from the- line of the sister of the first Lord Rutherford. His Lordship accompanied this recital with a variety of very pertinent observations, and concluded, with an apology to the House for their indulgence.

Lord Loughborough contended, that there was not the smallest sliadow of argument to induce the House to postpone the motion of the Noble Earl. The Learned Lord on the woolsack had argued, that it was not consistent with the strict principles of justice, to endeavour to criminate, or censure any person, during the dependence of a case, in which hi» civil rights were ultimately involved —But the motion went to no such crimination. It was merely for the purpose of instituting an inquiry into the truth of a fact, which the Noble Lord-stated in his place consisted with his own knowledge, and which he desired to have investigated. If the resolutions of that House be violated with impunity, there was an end of the dignity of their proceedings. Could they be more flagrantly violated than in the case which the Noble Earl had stated? It was a positive and direct infringement of a solemn order of the House of Lords.

It was ridiculous to fay, that the Lord Register of Scotland, or his deputies, had fio discretionary power to reject claims which they knew to be false. The most contemptible officer under the Crown is invested in some measure with a discretionary power,, so far as regards identity. Were the clerks of Session so void of discretion—were they so completely stultified in virtue of their office, as with their eyes open to consider themselves bound to receive the vote of one who was under the positive interdiction of a resolution of the House of Peers, and who comes forward to claim a right to vote as a Peer of Scotland on the eve of a eontefted election? Under all these suspicions circumstances did Mr Rutherford come forward, after a silence of upwards of »5 years. Had his claim been undisputed, after so long an interruption of the exercise of it? The law requires that he should present a petition to the King, who it the fountain of honour,

praying to have his claims investigated and ascertained. He considered the character and honour of the Scots Nobility materially interested in the event of thi» business; and much as he respected the Noble Lord (Cathcart) who owed his seat to the vote in question, he considered it but as nought when compared to the degradation which that illustrious body most suffer if they are to remain under the discretionary controul of a returning officer { they will be in a more uncomfortable situation than the representatives of the the most venal petty borough that ever courted corruption. The Learned Lord went at considerable length into the business as a question of law. He insisted, that if Mr Rutherford did not come forward in the right of Alexander Rutherford, that he claimed the title in the fame lineage with Durie, consequently was equally inadmissible. Under all these circumstances he felt himself called on to support the motion.

Lord Hawke/bury and Earl Stanhope supported the opinion of the Lord Chancellor, and the Earl of Hopetoun spoke a few words in favour of the motion.

At length the question was put, and the House divided, Contents 20—Not Contents 19—Majority against the motion 9.

The Prince of Wales was in the House, and voted for the motion.

H.ofC. 7. The Committee on the pet« of the London distillers was resumed, and

Mr Pitt said, that since last night he had been endeavouring, by conversing with both parties, to form a compromise"; but finding that impossible, he was now obliged, as would frequently happen to those who attempted to reconcile opposite interests, to bring forward a plan that was approved of by neither. In 1786, in consequence of disputes and mutual complaints between the Scots distillers and the Excise, a new method of levying the duty on spirits distilled in Scotland had been adopted, by charging it as a license duty of thirty millings per gallon per annum on their stills, instead of charging it on the walh, as had been done before, and still continued to be done in England; and, with a view to enable the Scots distillers to meet the smugglers in their own market, a consi* derable reduction of the duty was made, being calculated at no more than lod. per gallon, on the supposition that their stills could be charged and worked off only once- in twenty-four hours; but a*


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the English distillers paid a much higher duty, amounting, as was alledged on the one part, to 4 s. iod. per gallon, and on the other only to zs. 6d. per gallon, an equalizing duty of is. per gallon was imposed on all foreign spirits imported from Scotland into England. Tnis act -was passed only for two years; and as the time of its duration was so nearly at an end, undoubtedly he would not have proposed any alteration in it but on very just and cogent grounds. But he thought It had appeared to the satisfaction of the Committee, that under this act the Scots distillers had obtained very considerable advantages over the English distillers. It was admitted by the counsel for the Scots distillers, that they worked off their Hi! Is on an average four times a day, and worked 300 days in the year; and taking th<- average on this, and on several other circumstances, on some of which no evidence had been given, he computed that the licence duty paid in Scotland amounted to three pence halfpenny per gallon. Now, Js on the one hand it was contended th-t the English distiller paid is. iod. pc gallon, and on the other somewhat lei.., he had taken a medium in that cafe also, and supposed them to pay as. 9d. halfpenny per gallon. With a view therefore to do strict and impartial justice between the two countries, and without the least inclination to give a preference to either, he moved that an amendment of 6d. per gallon be made to the equalizing duty on spirits imported from Scotland into England, for four months, when the present law expires; after which a bill will be brought forward upon a more equitable principle for both countries.

In behalf of the Scotch distillers it was argued by Sir William Cunningham, that such an alteration in the act, which was already so near expiring, would not only be a hardship on the Scots distillers, but a breach of agreement with them.— Before the passing of this act, it had been constantly asserted by the London distillers, that the Scots distillers paid no duty at all; and when the prosecution for a licence duty in Scotland, and an equalizing duty on importation Into England was made, they had declared themselves satisfied 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 net.

Mr Pitt said, that, by amendinj &£ act before ib expiration, no brea

of agreement or of public faith would be made. The provisions of the act had not been adopted in consequence of any agreement between the Scots and Engliih distillers, but to enable the Scots distillers to meet the smugglers in their home market, and as an experiment under which the manufacturers might have an opportunity of making improvements in the art of distilling, which the old mode of levying the duty in some measure precluded them from doing. On these grounds the licence duty and the equalizing duty had been calculated according to the best information that could be had, so as to give no advantage to the distillers of the one country over those of the other. But it had proved on trial that the Scots distillers had a very material advantage, and that both the Engliih distillers and the revenue suffered a very material injury j it was therefore perfectly fair and reasonable to restore both parties as soon as possible to that equality on which it was the original intention of the act to place them. The resolution pasted without a division,

11. A petition was presented to the House of Lords in behalf of the Earl of Dumfries, stating in substance, that, at the late election of a Peer of Scotland, the votes were equal for him and for Lord Cathcart; but that the clerk* of Session, acting as the returning officers, had admitted the vote of a person claiming the title of Lord Rutherford, though discharged by a resolution of the House 15th March 1761; and the petitioner craved the House to take the matter into consideration, to reject the vote illegally admitted, and inflict such censure on the clerks as the offence merited, and prayed generally for relief.

After hearing the petition, the House ordeicd, that the said 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 Session, do attend the House on the said 10th 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 last, and the original proxies and signed lists' there exhibited, and all other papers, entries, and documents respecting the transaction of the said election:

That notice os the said petition be served upon John Anderson os Gowland. W the coUfity of iunrol's, who claimed

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to vote by the stile and title of Lord Rutherford, it the said election; and that he may, is he thinks proper, by himself or his agent, duly authorised, attend the House at the hearing of the said petition, on the loth day of March next, and that he be at liberty to be heard by his counsel thereupon, if he thinks fit:

That the said petition be served upon his Majesty's Advocate for Scotland, and that he do attend on behalf of his Majesty thereupon.

There was also presented to the House a petition from Lord Cathcart, stating, that Robert Colvill at Laurencekirk had total at the same election, under the title of Lord Colvill of Ochiltree, but to which title he had no right; and therefore praying the House to take the matter into consideration, and to reject the vote os the laid Robert Colvill: whereupon the House ordered, that the said petition be heard on the loth day of March next, and that the petitioner have leave to be heard by counsel thereupon:

That notice of the said petition be served on Robert Colvill at Laurencekirk, In the county of Kincardine, who claimed to rote at the said election on the ioth of January last at Holyroodhpuse, by the stile and title of Lord Colvill of Ochiltree; and that he may, if he thinks proJfcr, by himself or his agent, duly authorised, attend the House at the hearing of the said petition on the ioth dayof March next; and that he be at liberty to be heard by hi* counsel thereupon, if he thinks fit:

That notice of the said petition be served upon his Majesty's Advocate for Scotland, and that he do attend on behalf of his Majesty thereupon.

14. H. of C. Mr Fox called the attention of the House to a complaint against a libel. He said, a pamphlet had been put into his hands, which,although it had escaped his notice, he understood had been published near a fortnight. It contained a gross and scandalous libel on the Committee appointed by that House to manage the prosecution of Mr Hastings, as Well as a libel upon the House itself, upon his Majesty, and upon the whole Legislature. With regard to the reflections on himself personally, and on his friends, who were Members of the Committee, lie certainly did not, on that account, stand forward to complain of the pamphlet. It likewise, in terms of great licentiousness, made free with the Right Hon. Gentleman opposite to him ; but the Rt. "** ,h.e,waspcrsuadediWQuld

not expect it from him, that he should state that it was on that account that he? complained of it to the House ; undoubtedly it wa» not. (Mr Pitt laughed hear.* tily.) The true cause of his urging a complaint against the pamphlet was that it tended to degrade that House., his Majesty, and the House of Lords, in the eyes of the public, and to hold forth the whole Legislature as acting upon base and improper motives on a subject, in which, of ail others, it behoved them to act oa the purest principles, and with the stricteft regard to impartial justice. Having" thus generally stated the ground of hi» complaint, Mr Fox then read a passage which alluded to Mr Hastings enjoying* in a peculiar degree, the smiles of his Sovereign, and insinuated that his prosecution originated in that circumstance. Mr Fox commented on this extract, ana said, it was beyond all doubt highly indecent to impute it to that House to have been governed in their Impeachment of Mr Hastings by so improper a motive, as a design to thwart the wiflWs of the Sovereign. He read another pastage, which charged the House with having voted some of the Articles of Impeach,mtnt, without having inquired into their truth, and notwithstanding their conviction that they were founded in misrepresentation and falsehood. A third passage stated, that the majority had followed the Minister in thiir vote on the Benare* charge, after the Right Hon. Gcntlemaii had, in his speech, fully justified Mr Hastings in the principal part of the transactions stated in that charge, and only condemned him for what he intended to do, and for having exacte'd rather too heavy a finc._ He next rea d one or more padsages in which the writer justified Mr Hastings'whole conduct in India,on principles which, Mr Fox said, he hoped and believed were exclusively the writer** own; and, lastly, he read a pastage which stated, that the parties of the day jostled each other in the dark, in order to run down a deserving character j and that if any man went to India, and, after a lonfr series of extraordinary and meritorious services, characterised by his eminent and obvious zeal for his country, and his ardent loyalty to his King, returned to Great Britain, and was received with the voice of the people and the applause of his Sovereign, unless he* coalesced with Opposition, and sought their favour, he risqued the vengeance of the party, and was liable to be Impeached and undone. Aitu adding some observations on the fiagraucy

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Sagrancy of -the libel contained in the pamphlet, Mr Fox said, he was rather at a loss what motion to make, as to the mode most proper for the House to adopt for the punishment of the libeller. The pamphlet was, in the truest fense of the words, a public libel, and for that reason a prosecution by the AttorneyGeneral might be the most proper mode of proceeding to punish; but he would leave it to those who were most likely to be in possession of the opinion of the House, as to the mode of punishment most proper to be pursued, and would Content himself with moving the general preliminary motion, viz.

"That the pamphlet complained of Contained a libel highly reflecting on his Majesty, and upon the proceedings of this House, and was an indecent interference with respect to the prosecutions' now depending on the impeachment of Warren Hastings, Esq; late Governor General of Bengal."

Mr Fox having delivered in the pamphlet to the clerk at the table, Mr Hatsell read its title as follows:

"A Review of the Charges against Warren Hastings, E£q;" &c. Printed by John Stockdale.

Mr Hatsell read the passages complained of short, pro forma.

The Chancellor of the Exchequer then rose and said, though it appeared that he was personally interested in the pamphlet complained of, it, really had not been noticed by him till the moment that the Right Hon. Gentleman had stated its contents to the House. From whaj the Right Hon. Gentleman had read of .Ihe 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 be had heard he had no doubt that the "passages extracted by the Right [Hon. 'Gentleman, were so libellous, that no context could rescue them coming within that description; but as it would not be right for the House upon so slight a suggestion as a Member reading extracts, to ground a motion, however oitherwife proper, he wished the Right Hon. Gentleman would suffer the pamphlet to remain on the table for a day, In order that Gentlemen who wished 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 en any future day," With

regard to the mode of prosecution, undoubtedly a prosecution by the Attorney General would in.the present instance be the proper mode to be adopted, though he should on that and every other occasion contend, that the House had it in its power at all times to punish the breach of their privileges by means of their1 own authority and jurisdiction.'

Mr Fox coincided with the Chancellor of the Exchequer as to the propriety of suffering the pamphlet to remain on the table for.tlie perusal of the House, before" any motion was made respecting it, other than "that the said pamphlet lie taken into consideration to-morrow, . which he moved accordingly, and which was unanimously agreed to.

Trial of Mr Hastings.

Feb. 13. Sir PeterBurrel, (Lord Higlt Chamberlain hy deputation) apprehensive of the consequences' that might be occasioned by a mixture of carriages and immense crouds of spectators on foot, in and about the streets leading to Westminister Hall, and the two Houses of Parliament, on a dav when a Governor General of the British dominions in Asiawas to be brought to trial, had taken the wife precaution of applying for a military force in aid of the civil power, which would have been insufficient to maintain: order and regularity on this extraordinary occasion.

The precaution was necessary. For*, so early as eight o'clock in the morning, the number of carriages passing through Parliament Stteet was immense, and continued to be so till near twelve. ,

In consequence of this application, detachments from the Horse Grenadier and Foot Guards, to the number of near 400, attended; and, through their activity, and the judicious manner in which they were stationed, confusion, and the accidents that are usually inseparable from it, were much prevented.

It was impossible for us not to be struck with the symmetry of the building erected for the trial, the convenient ditpofition of its parts, and the appearance of awful grandeur through the whole.

But all these vanished, or were absorbed in the contemplation of the beauteous females that graced the benches, an3 'dispelled the awe we felt, when we considered that this was the feat of Vindictive Justice.

Rich in beauty as in dress—they could

&0t be, viewed without admiration and



Trias qf Warren Hastings, Ess, I»»

forth, thou anc! thy ba'uS or thou wilt forfeit thy recognizance."

Mr Hastings was immediately brought to the bar by Sir Francis MolyneUx, Gentleman Usher of the Black Rod. He was attended by his bandsmen, Sir Francis Sykes, and Mr Sullivan; and, kneeling at the bar in the box assigned for the prisoner, he was desired to "rife, which he accordingly did.

The Serjeant at Arms then made proclamation, which he did audibly, and with good articulation,

"Oyez, Oyei.Oyez. Whereas Char

res of High Crimes and Misdemeanour! ave been exhibited by the Honour* able the House of C«-nmons in the name of themselves and of all the Commons of Great Britain, against Warren Haltings, Esq*, all persons concerned are to take notice that he now stands upon his trial, and they may come forth in order to nuke good the said Charges."

Proclamation being made, the Lord Chancellor rose, and addressed the prisoner as follows i

"Warren Hastings,

"You stand at the bar of this Court charged with High Crimes and Misde» meanours, a copy of Which has been delivered to you; you have been allowed counsel, and a long time has been given to you for your defence; but this is not to be considered as indulgence to you, as it arose from the neccslity of the case, the crimes with which you are charged being stated to have been Committed at a distant place. These charges contain the most weight v' allegations, and they come from the highest authority: this circumstance, however, though it Carries with it the most serious importance, is not to prevent you from making your defence in a firm and collected manner, in the confidence that as a British subject, you are entitled to, and .will receive, full justice from a British Court."

To which Mr Hastings nlade almost verbatim the following answer i

"My Lords, ,

"I am come' to this high tribunal cqually impressed with a confidence in my own integrity, and in the justice of the Court before which I now stand."

The Clerks of the House then proceeded to read a charge, and an answer to it alternately, till they got through seven; by that time It was half an hour after five o'clock, and nearly dark.

The Marquis of Stafford then moved, that their Lordsliips should adjou-n (till



emotion—<heir jewels darted light, but their eyes shot 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 Westminister Hall in full d»i's, and seated themselves in the Wses prepared for their reception. Mr Burke led the procession.

The rtlicr members followed by de|rtos; as their names were called over in their own House they departed from it, and repaired to the seats destined for tliein in the Hall- In the center of the front row was an armed chair for the Speaker.

A little before twelve o'clock her M»jefiy entered; she did not appear in the box prepared for her, but m a part of tit Duke of Newcastle's gallery, which was divided from the rest by bars and fide-curtains. A large chair of state was plated for her, in which she was pleased lo sea! herself.

On her Majesty's right, fat the Princess Royal ( on her left, the Princess Elizabeth; to the right of the former, the Princess Augusta; to the left of the latter, the Princess Mary.

At twelve o'clock began the procession of the Lords from their own Hquie; the march was solemn, suited to the character of judges and the occasion which had imposed upon them that venerable character.

The Peers were preceded by

The Lord Chancellor's attendants—two

and two.

The Clerks of the House of Lords.

The Masters in Chancery—two

and two.

The Judges.

Serjeants Adair and Hill.

Tie Yeoman Uiher of the Black Rod.

Sir Francis Molvneux, Gentleman Usher

of the Black Rod.

.^^ Two Heralds.

The Lords Barons—two and two.

The Lords Bishops—two and two.

.The Lords Viscounts—two aud two.

The Lords Earls—two and two. Thf Lords Marquissts—two and two. rds Dukes—two and two. The Mace-Bearer. Td Chancellor, with his train Born;. I in their Parliament robes.) _en the Peers were all seated, the Chancellor's Mace-bearer made a proclamation for silence. He then said, in a Jbud voice, « Wsrrtn Hastings, £fq; con:e^ to-morrow), tg thi; House of seers.

. JBviNsifc to Vol. VIL S ■ 9.

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