Слике страница
[ocr errors]

permit me, Sir, to lay before the house ever been done in this matter, although it what provision the revenue law of Barba- fu regards the honour of the ciown, in dodees has done in this very point-what ing justice to the people--and the fame Jamaica has done- what the colony of perversion continuts to this day. And Virginia has done, in exact conformity to yet this lalt revenue law demands from, this initruction, (altho' I will not trou- and collects upon these people, (after havble the House with reading these laws, I ing thus perverted what they have already but beg leave to refer to them) granted more than fufficieni) a duplicate

Barbadoes, by an import of foar and revenue for the fame purposes already an balf per cent, upon ali their produce provided for. exported, and by other duties upon cer. It is not only unjust to charge these tain articles imported, hath granted to his provinces with taxes for the pui pule of majetty and his heirs for ever, a provilion railing a revenue, who have already, at for ibe support of civil government, and the requifition of the crown, taxed them. the protection of the illand, by a revenue felves, and have alieady raised a revenue greatly beyond what those férvices have for the same end---but there is an addisibitherto required, and sbamefully beyond onal injustice in charging the obedient what the government of this country hath provinces with this buriben, for the purapplied to those purposes

pose of supplying the defect in those proThe island of Jamaica, by certain du. vinces, which have not been obedient to ties granted to his majesty, hath made that end. provision for the same purposes, in exact In the next place, when we consider conformity to the like inftruction or re. this law as a meafure of finance, the fact quifilmn, by a perinanent revenue, which upon your table proclaims its inefficiency, they hope may be without limitation of for the fum returned, as its whole nett time, as it is to remain as long as the suc- produce amounts but to 2951. and a few cefsion of the crown shall remain in his Thillings. majelty's royal house - His majesty's colo. Compare this revenue, as arising in the

of Virginia hath likewise granted to respective provinces, with the revenue rai. his majefty, and his heirs for ever, certain sed for the same purposes in thote very duties of impoft and tunnage, for this end, provinces, previous to this inefficient and and in the very manner directed and re- injudicious act. quired by the like royal instruction- The revenue of Jamaica was, in the

I could also here mention the grants of year 1728, granted for 83711. and is now revenue which the Leward itlands have greatly inore than double that sum per anmade to the crown for the fame purposes, num.' The amount raised by this late act bot as the assembly of these illanus with is but 32 31. ter unwary a confidence, neglected to ap- The revenve raised in Virginia, which propriate the movies arising from the re. ought in like manner, as in Jamaica, to venue which they granted : -- the crown be applied to the fupport of civil governtook it as ratber given to the King in his ment, and to the protection of his majefSEIGSORAL CAPACITY, than 10 the ty's dominio is there, is above 27500l. SUPREME MAGISTRATE for the pur. per annum ; whereas the revenue intendpoles of tbe state.

ed by this act to create a more certain proBut parliament, in the beginning of the vision, his amounted to but 360l. What Peign of Queen Anne, being apprized of the amount of the four, and an half per this unjust and hameful pervertion of this cent. duties are, I cannot pretend to mark tenue, came to a resolution to address with any precision, as no account of them ber majesty that for the future those due has ever been laid before the public--tier of four and a half per cent. collect- but it is notorious what large granis, by din Barbadoes, and the Leward inands, annuities and otherways, are paid out of migh be applied for the repairing and them. electing fuch fortifications, and other pub- Now, Sir, view this system of finance lic olik, for the safety of the said illands, in the light either of justice or police, and as hem majesty thall direct, and that an the impropriety of this act nuut be appaannual account how the said duties thall rent in every degiee of conviction. tave been expended, may be laid before It remains that I obterve that this law fáe Howie of Conimons..... Nothing hath contradicts every maxin and principie of


the police of commerce, in every line of to this article of manufacture ;---but in direction by which it should be conduct- the mean while, this act has had a direct ed.

tendency to lead them to look for a supI have shewn that it hath a direct ten ply either directly from Holland, or medency to break off that correspondence diately, from the Dutch islands in the that bath hitherto been nourished and West Indies. bath sublisted between this country and In, like manner I could shew, from an its colonies.

authority which, if I was to mention, That it hath a direct tendency to ob. would have great weight of evidence in struct the vent of British manufactures this house as. to. these matters, that this and goods in the colonies.

law hath not had the effect of preventing That ii operates as a bounty to Ame- the importation of Dutch teas into that rican manufactures.

country, but that there never was imporThat it encourages the contraband ted more than in the last year, either dia trade and supply from foreign markets. rectly from Holland, or by way of the

That it takes the ground from under Dutch Welt-India islands; and no wonthat very policy which should establish the der when our laws clog our own trade, British market for, and make this king- with a discouragement of 25 per cent. dom a staple to the trade of that country. This act lays a duty upon glass, which

That it renders the colonies every day has a direct tendency to promote the maless beneficial and advantageous to US-, nufacture of that article in those countries. and that it will in the end break off their There are already several considerable dependance upon us.

glass houses there, and I have been told I shall therefore only mark the instan. that the great one in Pensylvania exports ces in those matters, which this act parti- considerable quantities for the supply of cularly respects.

New-York and Bolton. It lays a duiy upon painters colours--.' It is on these confiderations, I shall Can any one imagine that the people of end what I bave to say, in moving the America are under any neceflity of im- House to go into a committee, to consider porting this article into that country! Can this act, passed in the 7th year of his preany one imagine that there is no red or sent majeily, and the ill effects of it. But yellow ocre on that great continent ! Can as it is, I understa

cuftomary to open any one suppose that a country which a- now in the House what I Mall propose to hounds with mines of lead, iron and cop- that committee, if the Houfe Nould apper, hath not every colour that the art of prove of going into fuch, the following painting hath produced and used —But are what I intend to offer. if they had but one, and that the poorelt That it is the opinion of this commitcolour that ever was used, we know how tee, that the imposition of certain duties far the spirit of an agitated people will to be raised and levied by an act, made in go, as there was a time when we heard of the 7th year of the reign of his present nothing but Pruslian cakes and Prussian majesty, entitled, an Act, &c. on certain ale---so if a fancy was taken up but once goods and manufactures therein mentionto call this poor colour, the colour of lic ed, hath a tendency to obstruct the vent berty, every houle, camiage and ship, of British inanufactures and merchandize would be painted with it.

in the said colonies and plantations; and This act lays a Itrange, unintelligible to render the colonies and plantations less. duty upon paper. There are Jarge ma- beneficial and advantageous to his majel-, nufactures of paper in that country, the ty's dominions of Great Britain. only difficulty they labour under is that That it is the opinion of this cominitof collecting a sufficient quantity of lin- tee, that the said act hath not answered nen rags; but if they were once to consi- the purport and intent thereof, of railing der that the substance of paper is nothing a revenue in his majesty's doininion in but the macerated remains of certain America, for making a more certain and plants, they would find a way of obtain. adequate provision for detraying the charge ing that fubitance, without iis having of the administration of justice, and the gone through the intermediate process of support of civil government in such prohaving been made into linen.--and then vinces where it may be found necesary, there would be an end to all difficulty as and towards further defraying the expen.


ces of defending, protecting and securing “ther hide imagining, from their general i fard dominions.

" notions of traffic, that as some places That it is the opinion of this commit. • are faleable, all others may; and this tee, that the repeal of faid doties is, upon ' must occur very readily to Mr. Vaughan commercial confiderations alone, highly • in the present cafe, as this very individua proper and neceffary.

€ al place had been formerly fold for the That the House be moved to bring in a creditors of a former patentee.--.-Pro bill for repeating so much of an act, made posals of this nature, therefore, my lord; in the 7th year of the reign of his present are so customary, though perhaps not so Majesty, entitled an A&, &c. as impofes public, that, I believe, were they all to cerrin duties on goods therein mentioned, come before your lordihip, this court inported into the British colonies and need lave little else to do: Belides, in plantations in America."

" this particular case, we have no prece 1- hupes that the committee will come dent; no, I will advance, not a single to these pinions,'• I do move that the one, that makes it criminal, merely to Houte corefolve itself, on Monday next, « offer money for the purchase of public idio a committee of the whole house, to offices.--- If so, my lord, if there's not a cont.iet an act passed in the 7th year of single diełum to the contrary, how is Mr.

his pretent majelty's reign, entitled, an Vaughan blamieable for an action, tho " Ad, &c.

not in a moral sense, praise worthy, yet,

in no other respect, repugnant to the le. The drzaments on a late Motion in the

gal institutes of his country?" Court of K. B. before Lord Chief

After reading Mr. Vaughan's Letter, Jajice Mansfield and ibe rest of the Jeiges of ibal Court, Whether Sa- below, Mr. Wedderburn was answered

an authentic copy * of which is inserted mael Vaugban, Esq; should not few by the Solicitor General (John Dunning, Cause in a Complaint, at the Suit of bis Efq;) who was council for the plaintiff to Grace ibe Duke of Grafton, relative

the following purport: la the Sum of Five Thousand Pounds

My Lord, offered by ibat Gentleman 10 bis Grace,

• I lhall not take up the time of the for procuring bis Son the Reverfonary Grant of Clerk of the Crown in the

court, in 'replying in the same style of Iland of Jamaica.

Ν Ο Τ Ε.

My Lord Duke, defendant, opened the case, and in " Mr. Henry Newcome's striet honour, the exordium of his speech, acknowledg, as well as his very fincere regard for your ed,' That though the fact committed by Grace, rendered him (in my opinion) the Mr. Vaughan might not, ftri&tly, be de- molt proper person to entrust with a profended, as gentleman-like, or honourable, position that required the utinost secrecy; get it could not properly come before but his delicacy preventing, I am (by the that court as a misdemeanor in law... nature of ii) precluded from every other that court having no right to take cog. method, but by immediate application to nizance of aclioris merely pro correctione your Grace, in which I am confirmed by morum, as the money, though offered, Mr. Howell's applying again yesterday to

was not received. He initanced this, in purchase a resignation of the patentee, the fuppofal of a case, where a man to. who is my friend. Icits the wife of another, and she refu. “ The inclosed affidavit will shew the les ; on the principle of her refusal, the proposal, which will be encreased, if ne• law has no claim on the solicitor, on cesary; and would your Grace indulge account of the immorality of the action; me by peruting the case, I trust it would whereas if she had consented in the diré appear, that I have a pretension in prehonouring her husband, then, and only ference to any other. in tbat case, he would be amenable to " I will take an opportunity of wait.

:---Befides, my lord, continues ing upon your Grace, hoping the honourMs. Weddes burn, the ideas that persons of a conference, othes wilt to receive frack have at this, and the other side Temple the afiidavit, in order to destroy the fame. in regard to the sale of public offi.

I am, &c. ces, are very different; those at the o


• inge

[ocr errors]


[ocr errors]

the court.

[ocr errors]


• ingeniousness and elegance as my lear- my opinion on this matter.

I shall fitt (ned brother ; the cafe is too obvious, look on the complexion of the fact, and • indeed to require it. He begins by ob- afterwards as it becomes a mildemeanor • serving, that the attempt to do a thing in law. In regard then to the fact, Mr.

does not become criminal till it is con- Vaughan wants to purchase a revertionary • fummated; but if base attempts were grant for his son of clerk of the crown • not in most cases cognizable, lociety in the island of Jamaica. He previoully « would soon lose its fineft band. The goes to my Lord Mayor, makes an affida• case in point is, however, of all cales, vit of leciecy, and payment of the pur

in a free country, the worst of attempts; chase money. He then writes a letter to • it is no less thar that of trying to suborn the prime-minister, acquainting him, that " a minister, who has the warmest confi- if he will procure him this place, he will Idence of his king as privy counteilor, fulfil the purports of the affidavit. Now, • and first Lord of the Treasury, to abuse does not the very form in which this affair • that confidence by a breach of duty, that was carried on, itrongly intimate that Mr. 6 would be criininal even in the meanelt Vaughan himielf was conscious that he • subject. - In relpect to the cale Mr. was acting a wrong part? If the place was

Wedderburn suppoles, of a person foli- faleable, as many other offices are, why

citing the wife of another, let me sup- did he not take the usual public forms? • pose another case more applicable : Why did he not openly treat with the sel• Suppose the noble Duke had accepted ler? or why did he not give the common • the bribe, would not coinmon sense, as securities in this case, by bond, bill or ' well as common law, say, that the Duke note ! - No; all these usual forms • would be accountable for such an act ? were fet aside, to make rooin for a pro• Now will any one be hardy enough to posal darkly cloaked up in the form of an • say, that becouse the noble Duke did affidavit, that the money should be paid,

not receive the money, Mr. Vaughan is and the traniaction kept an inviolable fé« less culpable! I am ashamed of ine ne- cret : Nay, to much was Mr. Vaughan •ceffity of this supposal ; there is an ab. afraid of irs transpiring, that he particu. • surdity on the face of it. My learned Jarly requetts in his lettes, that if his Grace

friend has likewise observed, kat if all should not comply with his proposal, that ' solicitations of this nature were cogni. he would iminediately return him his af

zable in this court, your Lordjkip would fidavit and lerrer. bave little else to do. I do not know, I thall next consider it as a misdemea

my Lord, whether it may be lo ;---but nor in law. --- In all cates where a criminal

admitting the fact, the bufiness would matier is transacted, the contacting par• be very well worthy your attention, in ties are equally guilty. Now, I believe,

stemming a ride of corruption and ve. it would be very readily admitted, had the • nality that must very fuon lap the pillars Duke of Grafion accepted this proposal, • of this constitution. Mr. Wedderburn he would be amenable to the laws for a

has likewise thrown down his gauntlet positive misdemeanor--- how then can his • for me to quote a precedent, where the not doing to extenuate the guilt of Mr. • fact becomes illegal. I will accept it, Vaughan, as he has, nevertheless, fulfil

[Here Mr. Solicitor-General quoted Lord led his part, by making the proposal. Chief Justice Hale on Bribery, as well And if we exiend our contideration of

as several pertinent infances in regaril this affair a lille further...if we confider to elections.] So that, my Lord, in what- the person it was proposed to, as well as

ever light this tranfiction comes to be the nature of the proposal...the case will viewed, whether as a dislonourable actio appear ftill plainer. Here is an offer 10

on, or an illegal one, it equally an. make to one of the king's privy counsel• swers to both epithets; and I am sure lors, and the firft Lord of ine Treatury,

your Lordthip, 'in your serious confide- to sell or procure to be fold, a place, that • ration, will 'ibirik lo, and therefore the king himself could not sell (as it is make the rule absolute.'

bestowed Speciali gratia.) Why is not The lawyers emp:oyed on both sides this, as plain as the fun at noon-day, continued iheir pleadings till after four daring aliempt to overturn the very efence o'clock, when my Lori Mansfield, deli. of this fiee conftitution ? is it not en. vered dimleif as follows; “ I am clear in deavouring 10 invert the very nature of


[ocr errors]
[ocr errors]
[ocr errors]


f there Ee pre

[ocr errors]

are the

Blic to

e con id, val or 2

My Lord,

[ocr errors]


[ocr errors]

5 things? If such an attempt was to be dif- firm that the price, at which the place was sie

charged with impunity, every man, lec knocked down (and which I have good Hoe him be ever so infamous, provided he had reason to think was not less than three

money fufcient, would bid boldly for thousand five hundred pounds) was, with Terents

the tale of pablic offices-bishoprics not your connivance and confent, paid to coexcepied; and in this corrupted state of lonel Burgoyne, to reward him, I pre. the world

, many persons in power may lume, for the decency of his deportment

be tempted to accede to such propofal:, if at Prifton; or to reimburse him perhaps ->

the laws did not openly bold them up as for the fine of one thousand pounds,

illegal, as well as dishonourable. I could which, for that very deportment, the ng

lay a great deal more on this head, but as court of King's Bench thought proper to place, 6:

the case may be demurred, and probably let opon him.-.-It is not otien that the javit.

laid before the supremett court in this chief justice and the prinie minister are sa ich bisa

kingdom, I hall decline ir, left I should itrangely at variance in their opinions of

be thought to influence the minds of any. men and things. cious te However, in the present çale, I am clear I thank God there is not in human he plac in opinion that the rule thould be made nature a degree of impidence daring es are, abfolute." Which, with the unanimous enough to deny the charge I have fixed content of his brother judges, his Lord- upon you:

Your courte us fecretary, --icht Ship confirmed.

your confidential architect are filent as Ta bis Grace the Dooaf of G------,

the grave. Even Mr. R---y's countenance fails him. He violates his second

nature, and bluthes whenever hc speaks Fird with some furprize, that you are of you.---Perhaps the noble colonel him. rm า ฉัน

as you deserve.' Your self will relieve you. No man is more be Doft determined advocates have scruples tender of his reputation. He is not

about them, which you are unacquainted only nice, but perfectly fore, in every Vzuz

withs; and, though there be nothing too thing that touches his honour. If any hazardous for your Grace to engage in, man, for example, were to accuse him

there are some things too infamous for of taking his fand at a gaming table, fal,

the pilet prokiture of a news-paper to and watching, with the lobereit atten. defend. Le what other manner Thall we sion, for a fair opportunity of engaging account for the submissive acquiescence, a drunken young nobleman at piquet, which you and your friends have observed he would undoubiedly consider it as an upon a charge which called immediately infamous afperhon upon his character, for the cleareft refuration, and would have and resent it like a man of honour.... juftified the severelt reseniment? I did not Acquirting him therefore of drawing a attempt to blait

your character hy an in- regular and splendid Sublistence from any direct, ambiguous insinuation, but can. unworthy practices either in his own didly tated to you a plain fact, which house or ellew here, let me alk your truck directly at the integrity of a privy Grace, for what military merits you have counsellos, of a firlt commissioner of the been pleased to reward him with a militreasury, and of a leading minifter, who tary government? He had a regiment of is supposed to enjoy the first share in his dragoons, which, one would imagine,

maelly's confidence. In every one of was at least an equivalent for any services cont

the capacities, I employed the moft mo. be ever performed. Besides lie is but a derale terms to charge you with treachery young officer conlidering his preferment, to your sovereign, and breach of truit in and, excepting his activity at Preston, not your office. I accused you of having fold, very confpicuous in his profession. But O permitted to be fold, a patent place in it feeins, the sale of a civil employment the collection of the customs at Exeier 19 was not sufficient, and military governcoe Mr. Hine, who, unable or unwilling ments, which were intended for the fupto deposit the whole purchase money him. port of worn qui velerans, must be klf

, railed part of it by contribution, and thrown into the scale, to defray the exvon-das, has now a certain Doctor Brooke quarter. lenlive bribery oi a contested election.

ed upon the salary for one hundred pounds Are inelt the iteps you take to secure to a year--No sale by the candle was ever your lovereign the attachment of his arconducted with

greater formality.-af. my? With what countenance dare you Jan. 1770.




is G.

[ocr errors]
[ocr errors]

- Cuir

I best ed, 1143 - pro laisten

ile on

propos 273010:

s wel cale offer

COUR I real place, 7} (as it hy is

[ocr errors][ocr errors][merged small]
« ПретходнаНастави »