§ Mr Wilberforce, in conformity with his notice, moved for an address to his majesty for the appointment of commissioners to enquire into those claims. He went over a great part of the ground of argument taken upon former debates, and asked what were the reason for thinking that the duke was not fairly dealt with in the bargain concluded in the yea 1765? Had that great family not then, a well as now, a sufficient number of friend in parliament to obtain justice for it? The sum of 70,000l. granted by parliament was the whole of the compensation which he asked, and if it was not sufficient, why did he not demand more? It was evident that the transaction was settled between friends, who did justice to the claims; and now, after the expiration of forty years, the house was called upon to open the transaction again. The present duke came into possession in the year 1774, and it was not till fifteen year 712 afterwards, and twenty-five years after the compact, that he made application to parliament again. Commissioners of enquiry were then appointed, and on their report they did not recommend any compensation. Had things remained in their former state, and the rights of the duke remained untouched, there would not have been since that increase of revenue, which seemed to lay the foundation of the present claim. He could foresee no solid objection to his motion, for the enquiries of the commissioners would, in all probability, he concluded in six months, and there would be no argument of delay on that account in regard to a measure which had been lying dormant for the last forty years. He concluded with moving "That an humble address be presented to his majesty, beseeching him that he would be graciously pleased to appoint commissioners to enquire into the claims and allegations of the duke of Atholl relative to the Isle of Man; and on a full consideration of all the circumstances of the transaction to report what compensation, if any, it may be proper to allow his grace, and the heirs of the seventh earl of Derby, in consequence of any detriment they may have sustained from the sale of that island to the crown."
§ The Chancellor of the Exchequer observed, that he had heard little else that night than a recapitulation of former arguments on the subject. One point, however, he thought worthy of notice, that was the supposition of the entire voluntary concurrence of the duke of Atholl to the original agreement about the disposal of his rights in the Isle of Man. It must be recollected that an over rigorous measure had been adopted by that house in order to terrify that noble duke; that he was not unlike a person who capitulated on terms. Was it, then, surprising that he should have been rather glad to give up a part than face the danger which then threatened the whole of his revenue? The present duke now came to appeal to the liberality of the house, and that house would certainly not think of pleading a statute of limitation to their liberality; they would not think of ordering that any precise sum should be ascertained and proved as if it were in a court of law; they would not think of guiding their conduct by formal rules or precedents, as if they had to tax a bill of costs, But they would give with a liberality worthy of the great object which was submitted to them, and becoming the honour and liberal character of parliament.
§ Mr. Windham spoke in support of the motion; and observed, that the subject did not 713 appear to have been sufficiently understood out of doors. The proceedings of that house generally found their way to the public; but it seemed that the gentlemen concerned in these publications had ears so fastidious, that they did not condescend to notice this question in the same manner as they did others, or he was convinced that it would have excited a very strong sensation upon the public mind. He knew not to what influence this suppression was to be attributed; but it was plain, that if the minister found means to go on with his business, without letting the by-stander know what he was about, there could be no controul upon him, and he might act just as he pleased, provided he could secure the silence of the journals. It could not be alleged that any part of the lawful property of the duke of Atholl was taken from him in this transaction; and as for the suppression of smuggling, he did not see why the parliament had not as good, if not a much better right to legislate in that case for the isle of Man, as it lately asserted in the case of the islands of Jersey and Guernsey. The duke had set his own price upon the value of his rights, which he received; and to say that the British parliament imposed unjust or oppressive terms on him, was too gross to be believed. If the present claim was acceded to, where was the security that the duke would not in the same way come annually to parliament, and that his claims may not continue as a perpetual rent charge upon the country? It might, perhaps, be thought hard in him, to use a vulgar expression, which might be said not to have classical authority in its favour, though it had been used by Pope, Swift, Steele, and the other authors of their day; but he must hope to be excused, if he could call it no better than a mere job of the minister. He was not one of those who would represent such a vote as likely to tend to dearness in the price of provisions, or the imposition of additional taxes, but he thought it infinitely too much for the public to grant as a matter of private or personal favour from the minister.
§ Mr. Sheridan said, he never rose with more reluctance to add to the fatigue which the house had already undergone upon this subject. As to the unclassical word 'job,' for which his right hon. friend (Mr. Windham) had, however, thought proper to quote very respectable authorities, he had only to say, that the insinuation had already been refuted at least five times over, in the discussion on this subject. This must appear to the house to be merely a debate of repetition, and the notes from which his right hon. friend spoke, 714 must, of course, be notes of his former speeches. When the right hon. gentleman spoke of jobs, he, at least, thought himself entitled to be exempted from the suspicion of being an advocate for them, or in any sense a mercenary politician; and he supported the claims of the noble duke, not from any personal favour whatever, for he declared, that he was not at all acquainted with him, and had never spoken to him in the course of his life. Allusions had been made to a canvass. by the friends of the duke, but the thin attendance of the day shewed, that the treasury or the ministers were not concerned in it; and in a thin house, at the end of the session, he always thought that any man who opposed a measure had an advantageous pull upon the minister, who was principally solicitous to bring the business to a conclusion. Very few dukes ever stood before parliament in the situation of the duke of Atholl, whose influence did not command a single seat in that house either for England or Scotland, and who was confined to his own solitary vote in the house of peers. His parliamentary influence might therefore be considered as nothing; he stood merely on the merits of his claims, and he was the more entitled to compensation, as being governor of the Isle of Man, it would still he very much in his power to add to the revenues and population (a laugh,) no doubt also, of that interesting island. He confessed himself to have been a great deal surprised at what his right hon. friend had insinuated, of the minister's influence over the newspapers on this subject. It was singular enough to hear such an observation from a person who professed himself the determined enemy of such publications, and who declared, that nothing could he a greater blessing to the constitution of this country, than if the reports of parliamentary transactions were suppressed, and that its constituents should know nothing of the proceedings of that house. It might not he regular in him to suppose that there were any strangers within hearing, or that there was any such thing as reporters in the house; but as it was pretty well known that there were some means of conveying the discussions of parliament to the public, and as he observed that it was done with great accuracy, and, in general. with impartiality, he must conclude that the gentlemen employed in that department had nice and fastidious ears, and were able to discriminate that which was most worthy of attention. When these discussions commenced, some sketches of them had been given to the public; but when there were debates of repetition, and the same arguments used over 715 and over again, gentlemen of taste, in the report of them, must have some consideration for their readers. He had always considered publications of that nature as matters of the first importance to the constitution and the country; and, in regard to their influence upon the public mind, in the case of the duke of Atholl, he had no great respect for the authority or opinion of a gentleman, who always professed himself a determined enemy to them. He then read several extracts from letters and other papers, to shew that the bargain was absolutely forced upon the duke of Atholl. (At this time, Mr. Wilberforce came over, and took his seat on the opposition bench). He was extremely happy, he said, to have already experienced his observations to he so forcible as to induce the hon. mover of the question to come over to his side; but as he did not understand the half signs he was making to him (Mr. Wilberforce immediately retired to the opposite side), he supposed he now quitted him from the fear of being touched by the vital truth of the question. He said that a sense of delicacy would prevent him from alluding to the termination of the life of the former duke of Atholl, after having been compelled to accept of this bargain, but there were abundance of proofs to shew that he had not retired as a grateful and contented man. He then adverted to various papers and documents in proof of this assertion, and mentioned that lord Frederick Campbell, and some other friends, had remonstrated in that house against the injustice and oppression of the contract; after which he concluded with giving his negative to the motion.
§ Mr. Curwen denied that his grace of Atholl had the ability to increase the fair revenues of the island to the extent, or in the manner which had been supposed; and supported the motion for enquiry.
§ Earl Temple spoke also in favour of the motion. He denied that the opinion of a noble relative of his was favourable to the claims of the noble duke.
§ Mr. Barham adverted to an expression which had fallen from a right hon. gent. opposite him (Mr. Windham), and said that he would be equally justified in his application of the word 'job;' he might, with equal propriety, say, that all opposition to further compensation was a job.
§ Sir William Elford was of opinion that a fair appeal was made, not only to the liberality, but to the justice, of the house.
§ Mr. Bakes supported the motion, as there did not appear to him to be any facts before the house upon which it could be enabled to 716 form a correct judgment on the case. It was, of all others, a case that most particularly called for enquiry; and the most proper way to do that would be by the appointment of commissioners.
§ Mr. W. Smith spoke at some length for the motion.
§ Mr. Graham assured the house, from the habits of familiar friendship he had the honnour to be in that noble family, the duke of Athol would be satisfied, and receive with Gratitude whatever the house should think fit to grant on this occasion.
§ Sir W. Burroughs supported the noble duke's claim, and opposed the motion for a Committee of Enquiry as unnecessary. — Afther a few words from Mr. Wilberforce in reply, the house divided, when there appeared, for the motion, 23; against it, 61; majority, 38. — Adjourned.