uch full and adequate fatisfaction as the nature of the cafe evidently requires; and, under these circumftances, his Majefty having alfo received information, that confiderable armaments are carrying on in the ports of Spain, has judged it indifpenfably neceffary to give orders for making fuch preparations as may put it in his Majefty's power to act with vigour and effect in fupport of the honour and dignity of his Crown, and the interefts of his people; and his Majefty recommends it to his faithful Commons, on whofe zeal and public fpirit he has the moft perfect reliance, to enable him to take fuch measures, and to make fuch augmentation of his forces, as may be eventually neceffary for this purpose.

"It is his Majefty's earneft wifh, that the juftice of his Majefty's demands may infure from the wisdom and equity of his Catholic Majefty the fatisfaction which is fo unquestionably due; and that this affair may be terminated in fuch manner as to prevent any grounds of misunder ftanding in future, and to continue and confirm that harmony and friendship which has fo happily fubfifted between the two Courts, and which his Majefty will always endeavour to maintain and improve by all fuch means as are confiftent with the dignity of his Majefty's Crown, and the effential interefts of his Majefty's fubjects.”

After the meffage was read, and the Commons had withdrawn, the Duke of Leeds faid, that as this was a matter of great importance, he fhould move that all the Lords 'be fummoned for to-mor. Ordered.

EOW.

May 6.

THE KING'S MESSAGE. The Duke of Leeds began his fpeech with obferving, that during the courfe of a long reign his Majefty had been no lefs attentive to the interefts of his own people than to the general tranquillity of Europe. His Majefty, on every occafion, had not only abftained from committing any outrage or depredation on the territories of other powers, but had uniformly endeavoured, by his intervention, to reconcile the animofities of every nation. The contents of the Meffage were highly important; for the confequences, to which they might lead, involved the rights of the people, as connected with their commerce, as well as the dignity and honour of the Crown. An outrage

of a very ferious nature had been committed by an officer, acting under the authority of the King of Spain, upon veffels the property of British fubjects, and navigated under the protection of the British flag. The vessels had not only been captured, and their crews made prifoners, but their cargoes had been confifcated, without even the formalities of a judicial proceeding, a formality which in cafes of prize had always been obferved among civilized nations, even in the time of mutual war. It was true, that one veffel had been released, upon an application from the British minifter to the Viceroy of Mexico, on the extraordinary pretence, that the English were ignorant of the fovereignty of Spain on thofe feas, and its right to an exclufive trade on the coaft; if such an extraordinary claim were once admitted, the noble Duke faid, he did not know where it might end. Not only their trade, but the valuable fishery which this country had established there, would either be at the difpofal of the Court of Spain, or, what was ftill more humiliating, would depend on the clemency of a Spanish officer! It was impoffible that fuch an idea could be tolerated. But notwithftanding the enormity of the aggreffion, his Majefty was more defirous of fecking juftice, than gratifying refentment; and he anxiously hoped he should obtain redrels, without the neceflity of being obliged to refòrt to arms. He concluded with moving, "That an humble address be prefented to his Majefty, thanking him for his gracious meffage; and that the Houfe would be ready to fupport the intereft of the people, and the honour and dignity of the Crown."

Lord Rawdon rofe to fecond the motion. He faid, that on the subject of his Majesty's meffage there could be but one opinion. No man lamented more than he did the interruption of that tranquillity which, in every point of view, was fo defirable; but he trusted he should never see the day when this country, forgetting its honour and dignity, could tamely fubmit to fuch a grofs violation of the first principles of national juftice as that communicated to the House by his Majefty's moft gracious mellage. For his own part, he moft cordially would fupport the motion for the addrefs; but he was of opinion that his Majesty's minifters ought to have made a more ample communication of the circumftances which had given rife to the important fubject under their confideration, than

they

they had done. With that view he had to motions to propofe, the firft was, "That there be laid before the House a ftatement of the trade on the coast, and of the whale fishery carried on in those seas:” fecondly, "fuch communications as had been received refpecting the capture of the veffels, and alfo the information which had from time to time been given of the armaments carrying on in the ports of Spain."

Lord Viscount Stormont said, that though he had no doubt but the vote of that day would be unanimous in fupport of the motion of the noble Duke for an address to his Majefty, yet the communication contained in the meffage was to him a matter of painful furprife. He had indulged the pleafing expectation of a long continuance of the public tranquillity; he had hoped that we might have profited by the advantages of our relative fituation; he had seen, with much complacency, that we were gradually rifing in the general fcale of the nations of Europe, and that, from our commendable spirit of industry, we had derived new fources of wealth. All thefe hopes he had indulged from the information of his Majefty's principal minifter of finance in another Affembly, on the occafion of his bringing forward the flatement of the national income and expenditure. The Right Hon. gentleman had then held out to the country the expectation of an uninterrupted peace; he had painted, in the brighteft colours, the profperity of the nation, the flourishing ftate of its commerce, the produc tive nature of the exifting taxes, and the creditable state of the public finances. All this had been held forth to divert the attention of the nation from obferving the many inftances of fupinenefs and negligence in the conduct of administration particularly with regard to their fuffering Spain to keep up fuch large armaments in time of peace. Had it not been for the revolution of the French government at this time, we fhould, from fuch culpable neglect, have felt the whole force of the family compact; of which, however, he trufted we were in no danger at prefent. The noble Lord admitted, that the wild and extravagant pretenfions of Spain could not be juftified in the eye of reafon; yet, perhaps, we might have obtained the object we defired more easily by the dexterity of fe

cret negociation than the threats of compulfion. Men were often more tenacious when their pride, than when their interefts were concerned, and it had been faid that fuch was the peculiar character of a Spaniard. He adverted to the right the Spaniards claimed. A right of poffeffion, however, which the Viceroy of Mexico rightly concluded our English failors were ignorant of, and upon that ground he had released them from captivity. An English failor, his Lordship pleasantly obferved, could not conceive that the rights of Spain, through the munifience of a Papal Bull, reached from pole to pole! He did not know that his Holiness, the Pope, had, near four hundred years ago, bestowed on the Spaniards, not only all countries known and unknown in the Indies, but even all countries difcovered and to be difcovered! The noble Vifcount then adverted to the impolicy of ceding the Mufquito Shore to Spain; which had given rife to the prefent difpute.

He alfo urged the neceffity of a more ample communication to the Houfe: but as an infult had been offered, it became neceffary that reparation should be obtained: and he hoped that the vote. of that day would convince the world, that, in every cafe where the interefts of the people, and the honour and dignity of the British Crown were invaded, that the nation had but one heart, one fenti

ment, one voice.

Lord Hawkesbury expreffed his fatisfac tion on the unanimity of the House with regard to the principal fubject under their confideration; but with regard to the motions propofed by the noble Lord (Rawdon) he had confiderable doubts whether they could, with propriety, be complied with. With regard to the mo tion for laying the papers before the Houfe on the fubject of the capture of the veffels, and the information received relative to the armaments carrying on in the ports of Spain, he thought it highly improper while a negociation was pending.

The Lord Chancellor read the motion for the addrefs, which was carried unanimoufly.

The first motion made by Lord Rawdon was then agreed to, with a verbal amendment; and the motion for the production of the accounts and papers, relative to the armaments of Spain, was negatived without a divifion. HOUSE

HOUSE OF COMMONS.

COPY of the PETITION of the Moft Noble JOHN Duke of ATHOL, to the Hon. the Commons of Great Britain in Parliament affembled,

Sheweth,

That the lile of Mann was, in the feventh year of the reign of Henry VI. granted to Sir John Stanley "cum omni Dominio et Juftitia regali," under which grant it was held and enjoyed, until, in order to determine fome family-difputes, and for a pecuniary confideration paid by William Earl of Derby, King James the First, in the feventh year of his reign, regranted the Isle of Mann to that Earl; and in the fame year an act of Parliament was pafied, afiuring and eftablishing the faid Ifle unalienably in the heirs general of James Lord Stanley; under which Parliamentary entail your Petitioner's grandfather, James Duke of Athol, fucceeded to, and took poffeffion of the faid Mle of Mann; on whofe deceafe, in 1764, the fucceffion devolved on John Duke of Athol, and Charlotte Duchefs of Athol and Baronefs Strange his wife, your Petitioner's father and mother; and your Petitioner became entitled to the immediate poffeffion of the Ifle of Mann foon after the demife of the said John Duke of Athol in 1774, by virtue of a deed executed by Charlotte Duchels of Athol and Baronefs Strange his mother, for reafons therein recited.

That great frauds and abufes having been practifed upon his Majefty's revenue of customs, as well in Great Britain as in Ireland, by the illicit and clandeftine trade carried on by British and Irish fubjects between the two kingdoms, and the Ifle of Mann, and these evil practices having grown to fo unparalleled an extent, as to be productive of a lofs to the public, which was computed at no less than at 350,cool. annually to the revenue of Great Britain alone, and it being conceived that, to annihilate this evil altogether, no other means would be effectual than that of laying heavy prohibitions and reftrictions on imports and exports to and from the ifland, and placing officers of revenue and armed veffels in the ports and harbours thereof, with power to enforce the fame; for which purpose, and to avoid interfering with the acknowledged rights of the Lords of Mann, and at the fame time to avoid the heavy expence which the public muft otherwife have fuftained by coaftes and other

veffels, it was thought expedient that the fovereignty of the island, and the reve nues of the customs thereof, with some of the rights of property therein, fhould be revefted in his Majefty, upon a fair compenfation to be made by the public to the proprietors, an act was paffed in the fifth year of his Majefty's reign, whereby the faid ifland, and the fovereignty of the fame were vefted in the Crown, referving only to the proprietors thereof, their landed property and manerial rights, by words of exception contained in faid act; and the fum of 70,0col. was thereby directed to be paid by the public, and to be vefted in lands for the ufes in the faid act mentioned, as a compenfation for the fovereignty and rights of property fo vefted in the Crown; and to which it is proper your Petitioner fhould add, for the information of this Honourable House, his Majefty was graciously pleafed fubfequently to grant to the faid Duke and Duchefs of Athol, your Petitioner's father and mother, for their lives, and the life of the furvivor of them, an annuity of 2000l. per annum, on the Irish establishment, in confideration, (as it is expreffed in the grant) that the revenues of Ireland, as well as thofe of Great Britain, would be greatly improved by the surrender of the ifland.

That the faid revefting act was made under the preffure of the moment, when the urgency of the mifchief called for an immediate and effectual remedy, and when, from the recent poffeffion of your Petitioner's father and mother, they could form no accurate idea of the extent or value of the rights and interefts which were neceffary to be ceded; and the act was paffed without any evidence produced to prove what rights of property in particular were necessary to be vested in the Crown for the fecurity of the public revenue, (the fole object of the act) from future frauds and evasions; and for want of thofe lights and proper precautions, the proprietors were, under the general transfer and revestment of the island and its fovereignty, divefted of fundry valuable privileges and rights of property, not only unneceffary to have been transferred for the protection and fecurity of the public revenue, but from their nature wholly unconnected with it, and which, though they afford little benefit to the public, were of material im portance to your Petitioner and his family.

That, in the hurry of the tranfaction of 1765, arifing from the urgency already

flated,

Rated, the titles of your petitioner's family appear not to have been perfectly underfood, infomuch that words of great legal import contained in the act of the feventh of King James I. "for the fettlement and entail of the said island unalienably" were omitted to be inferted in the preamble of the faid bill of 1765, and which as your petitioner is advised, militate against the power of James Duke of Athol, to new-model that fucceffion by the deed of truft of 1756, recited in the faid preamble; but to the ufes of which fet tlement the faid 70,000l, hath been actually applied by the Trustees thereof under the fanction given to the new entail by that agreement made between the Crown and the fald truftees, and under the power given to the trustees of the fame entail by the provifions of the said at for vetting Man in the Crown.

That, as your petitioner does not conteft the propofition, that private advantage fhould give way to public expediency; fo alfo he hopes that it will not be denied that a full and fair compenfation fhould be allowed to any individual for fuch rights of his as may be deemed neceffary for the public fervice.

That your petitioner is confident, that, upon a minute inveftigation, it will be found that the fum of 70,000l. and the faid annuity granted to his family in 1765, were by no means an adequate compenfation for the faid transfer, and that this inadequacy might have proceeded from the probable reafoning at the time, of the contingent nature of the revenue of the Isle of Man, and which it might have been fuppofed would be confiderably reduced by the annihilation of the contraband trade carried on by British fubjects to England, Scotland, and Ireland. That it appears by the schedule annexed to the act of 1765, the revenues of the Isle of Man amounted for five years to about 6500l. annually; and although from the circumftance of the merchants having an extraordinary quantity of goods on hand, which, by prohibitions laid on in 1763, were of neceffity kept for the fole confumption of the inhabitants, and by the duties even on these having been in a great measure evaded, the revenues of Cuftoms were confiderably lefs productive than they would otherwife have been for a courfe of years after the reveftment; yet it will be found on inquiry, that, exc ufive of the harbour-dues, and the produce of the herring and falmon fisheries, they have K

VOL. XI. No. 65.

amounted, on an average, for the whole period fince 1765, to about 3000l. per annum; and that they have been progreffively improving, infomuch that for fome years paft they have amounted to nearly 5oool. annually; and that, with proper management and attention, no doubt can be entertained on their future increase that he is confident it cannot be, with reafon, contended, that the fums above ftated were an adequate compenfation for fuch a revenue, and for those fovereign rights and prerogatives, and the property of those castles and harbours which became vested in the Crown. That your petitioner trufts it will appear, that in affording him that redrefs which is the ground of his petition, and by reftoring to his family those specific rights which do not bear upon or connect themselves in any degree with the pernicious practices, for the prevention of which the act of 1765 was paffed, the primary object of the Legislature will be perfectly attained, and every claufe of the act of 1765, and of every other posterior act which Tecures and guards the revenues of the public from abufe or evafion, continue in full force and in full effect.

That your petitioner has no wish to interfere in any inftance, or in any manner, with the fovereignty of the Crown within the Ifle of Man, or with any of the powers given by the act of 1765, which are neceffary for public purposes.

That he only defires that Parliament, in its wifdom, may reftore to him fuch rights as are confiftent with the fafety of the revenue, and enable him to avail himself of fuch privileges, and receive the benefit of fuch branches of his property as have been loft to him, and have not been productive to the public; that by a permanent arrangement and fettlement of thofe circumftances which your petitioner has laid before Parliament in his petition, the private interefts of his family in the Ifle of Man, he trufts, will appear to be in no degree incompatible with the public advantage.

Your petitioner therefore throws

himfelf upon the wifdom and juftice of Parliament; and prays that leave may be given to bring a bil into this Honourable Houfe for appointing Commiffioners to inquire what rights and fpecies of property are neceffary or expedient to remain vefted in the Crown

for

THE DUKE OF ATHOL'S BILL.

The motion being put, that the Speaker do now leave the chair, for the purpofe of the Houfe refolving itself into a committee on the above bill,

Mr Curaven rofe to oppofe it, becaufe, he faid, the tenor of the bill was fuch, that no modification of it in a committee could render it fit to be paffed. The reafon alledged as the ground of the bill, viz. That the original bargain was conducted in hafte, and that the Duke and Duchefs of Athol had not time to afcertain the value of thofe rights which they agreed to refign, did not appear to be founded on fact; for the bargain was firft propofed in 1764, and the bill by which it was concluded was not brought into Parliament till January 1765. Neither did it appear that the price was inadequate. The lovereignty and the customs of the ifland were the things fold. The annual produce of the cuftoms at the time of the fale was 5691. and, allowing for the increafe of population fince that time, might now have been 9831. This was the utmoft that they could have produced to the Duke of Atho!; for it was not to be fuppofed that the Houfe of Keys would have agreed to tax themfelves, and their fellowfubjects, for no purpose of general benefit to the island, but merely to raife an additional revenue for the Duke of Athol.If farther compenfation were due to the Duke of Athol, it was incumbent on the Houfe of Commons to hear the evidence at their own bar, and to afcertain the quantities of fuch farther compenfation, and not to delegate to Commithioners thofe powers which their conflituents had given to be exercifed only by themselves. Mr Powys faid, of all the extraordinary tranfactions that had ever come before the House, this bill was the moft remark

able. Not one of the grounds on which it profefled to proceed were founded in fact; nor, if they were, could they justify the principle. The inhabitants of the ifland were parties interested as well as the Duke of Athol, and their confent ought to have been obtained.

Mr Dundas faid, he trufted none of the harsh terms that had been applied to the bill, either within doors or without, would operate againft matter of fact. It had, he understood, been called a job; but it was not, furely, the nature of a job to court inquiry. The bill had two objects, to afcertain and confirm the rights referved to the Duke of Athol, when the fovereignty was refigned, and to inquire what further compenfation might in equity be due from the public. The Duke of Athol had fulfilled his part of the bargain, Government had not yet fulfilled theirs. The act of Parliament, by which fovereignty was given up, reserved the manerial rights, and engaged to protect them to the Duke of Athol. The Duke had refigned the fovereignty, but had net yet obtained that protection for the manerial rights which the act of Parliament promifed, not even receiving from the whole ifland a groufe or a partridge. Sir Fletcher Norton, the Attorney-General, who drew the bill, had exprefsly declared, that it was intended to pafs another bill, to ascertain and protect the manerial rights, fuch as the fervices of tenants, the property of game, &c. &c. which could not, after the refignation of the fovereignty, be protected, but by an act of Parliament; and accordingly many of thofe rights had been in effect dormant fince that time. This part of the bill was therefore a fair claim on the juftice of the Houfe. He next entered into a narrative of the circumftances under which the bargain was concluded, and faid, that 70,000!. had been asked, not as the full value of the rights to be given up, but as the greatest fum that it was understood Government would give; and that the Duke and Duchefs of Athol were alarmed by a bill then before the Houfe, for preventing the mifchiefs of the contraband trade from the Ifle of Man, left the British Parliament fhould, in acts of regulation, reduce their rights to a mere nominal fovereignty. It was impoffible to conceive that a man, who poffeffed a crown, fceptre, and legiflative power, would refign them voluntarily; and tho on this head a bargain had certainly been made, it remained for the equity of the

Houfe