Letters on the fubject of Fictitious Votes, concluded. [p. 13.] LETTER IV. Gentlemen, IN my third letter I endeavoured to prove to you, that the giving a freeholder more votes than one, in refpect of his property, was unconftitutional: I fhall now venture a little farther than I undertook; I will affert it is inconfiftent with found policy. The ftock of a civil fociety confifts in the lives, the liberties, and properties of the individuals which compofe the fo. ciety. For the fake of convenience, it has been found proper to intruft the defence and improvement of that ftock to the management of a few. I never could difcern, that because one of thefe few was richer than another, he ought therefore to have the more votes in the management and conduct of that stock. If a double fhare of property carried along with it a double fhare of wisdom, a double fhare of public fpirit, thefe, combined with one another, might perhaps produce a plea for giving, in fuch circumftances, a plurality of votes in the conduct of the public ftock, or in the choice of the directors. But, in my experience, I have not found, that the rich eft men were either the moft wife, or had the greatest share of public spirit. At fi divitiæ prudentem reddere poffent, Si cupidum timidumque minus te; nempe ru beres, Viveret in terris te fi quis avarior uno. HORACE. Some men have a strange way of reafoning upon this topic. They will ever confider a civil fociety in the fame light with a company of merchants, affociated in partnership for carrying on fome branch of commerce, where the only ftock is property. In civil fociety, property is the moft inconfiderable part. It bears no proportion to life or liberty. Thefe are comprehenfive words, including every thing that is truly valuable to mankind, the poffeffion of health, the enjoyment of all the moral affections; nay, even the gratification of the paffions, and the indulgence of fancy. In comparifon with life and liberty, and what thefe include, what bulk has property fo far as concerns happiness? But fome of the nominal cafuifts, who, by the by, have not a fingle acre of their own, will perhaps ftand up and fay, How comes it that land is made the qualification? Is it not the intendment of law, that land fhould be reprefented? And if fo, fhould not that reprefentation be in proportion to quantity? Has not a man who pays double taxes, a double right to vote in laying thefe taxes on? And does not that great commonwealth's man, Mr Harrington, tell us, that power follows property. I answer to these gentlemen, that Sir William Blackftone has affigned the reafon why electors and elected ought to have property; namely, that they may be, if they pleafe, independent; that they may be of fuch a station as to be confidered free agents, and to have a will of their own. Therein lies the reafon that they fhould have property; not that their property fhould be represented. I with gentlemen would explain what they mean by a reprefentation of lands. The ploughing of land, the inclofing of land, the dunging of land, are intelligible terms; but the reprefenting of land appears to me to be abfolute gibberish and jargon. Should Squire Blackacre ftand up in the Houfe of Commons, and fay, I have twice the number of acres, twice the number of tenants, that Mr Whiteacre has, and therefore my arguments are twice as good as his, and I ought to have two votes for his one; Mr Blackacre would be confidered, in my opinion, a more fit member for Bedlam than for St Stephen's Chapel. As for the arguments about taxes, it fuppofes taxes to be the only subject of legiflation. But were it fo, it would not follow that men of the greateft property Thould have the greatest interest in laying them on; for they can pay them beft, and they feel them leaft; and there are many taxes that affect the poor more than the rich. It may be true that Mr Harrington fays in his Oceana, that power follows property. He tells us, indeed, that Mr Hobbs fays fo; and admits it to be faid truly. But fo far from faying, that political power fhould follow property, his whole book is written to fhew how the fort of power which follows property fhould be restrained, as being inconfiftent with liberty." The Oligarchifts tell us, that the nature of parliament is greatly changed; "That the fervice there was formerly accounted a burden, but is now eagerly f fought fought after as a valuable acquifition." Ergo, what? Ergo men of great property have the best right to fill the Houfe of Commons with their dependents! What can be said, Gentlemen, of the picture which this would exhibit of the times, and of the advantage which defigning men would make of them? Do they exalt the dignity of parliament, who, inftead of an auguft affembly, deliberating upon the public weal, would make it a market for offices, places, and penfions? and then the only question would be, who should have the beft right to the exclufive trade in that market? But I fubmit to you, Gentlemen, whether independent electors are not the moft likely to chufe independent members, and to prevent the great council from being made a market-place, by restoring it to its former nature, character, and dignity. I So much for my fecond proposition. come now to the third, concerning Peers; and I do affert, that their having any votes in the House of Commons, or in the election of members to the House of Commons, is unconstitutional, and repugnant to our most ancient and exprefs ftatutes. In my fecond letter, I recited the words of these statutes, particularly that of James VI. in 1687, exprefsly declaring, "That no perfon fhould take upon him the function, office, or place of all the three Estates, or of twa of them, but fall only occupy the place of that felf eftate wherein he commonly profeffes himself to live, and whereof he takes his ftile." And by the act 1661, in the reign of Charles II. appointing who fhall be capable to vote in the election of commiffioners for fhires, Noblemen and their vaffals are expressly excepted; and the fame act, when it appoints the expence of commiffioners to be levied upon the eftates of the heritors in the county, the aftates of Noblemen and their vaffals are ex cepted from being subject to the tax. There is not a principle in our constitution more firmly established, than that Peers are not to intermeddle in any manner, or to influence the election of the Commons; and this is a ftanding refolu. tion of the British Houfe of Commons. Nevertheless, by means of thefe nominal and fictitious qualifications, particularly thofe created by liferents and wadfets of fuperiority, Peers have got the command of the elections in many coun ties; and they are daily making fuch inroads upon the rights of the freeholders, in the nomination of members of parliament, that in Scotland, unless some remedy is provided, we are in hazard of a complete ariftocracy, by the annihilation of the rights of the ancient freeholders. The conftitution of our parliament in three feparate powers, the King, Lords, and Commons, has juftly been the admiration and envy of Europe. The high pitch of glory and power to which this little island has been raised by that constitution alone, let hiftorians tell. A cloud hangs over us at prefent; and every man who loves the constitution is called upon, by the common voice of his country, each in his own department, to do every thing in his power to preserve, I wish I were not obliged to say, to reflore the purity and the balance of that conftitution which has exalted us fo high, and which alone is capable to dispel that dismal cloud. Machiavel, a great statesman, lays it down as a maxim, that commonwealths ought frequently, repigliar lo ftato, to refume and reftore the ancient constitution, Never was there more occafion for the application of that maxim than at this moment. This great and glorious machine, the British conftitution, is compofed of various wheels and fprings, which are actuated and kept in motion by feparate agents: any one failing in his part, deranges the whole; and every member ought to confider his own part as neceffary for the preservation of the whole. Our part is, as freeholders, and no mean part it is, to preferve the elections of members of parliament from an undue and an unconstitutional influence : and in that view to do every thing in our power to debar from elections all influenced and unconstitutional voters. In what way or ways we are to fet about accomplishing this great end, shall be the fubject of my next letter. I am, Gentlemen, your most devoted humble fervant, An OLD FREEHOLDER. LETTER V. My dear Friends and Brethren, IN my laft, I promised to fuggeft to you a method for checking the progress of nominal qualifications, till an act of parliament can be obtained for putting our election laws upon a more independent footing. In 1975, there arose a general difguft againft against these kind of qualifications. A bill for fuppreffing them was prepared by able hands, and was printed. It was approved of by persons high in the law department in Scotland; but when it was propofed to those powerful, though nameless beings, called the folks above, it was fmothered, and came to nothing. growing and fatal diforder, by every legal and conftitutional remedy; and this they promise upon their honours, as freeholders and gentlemen, to one another, and to all who shall join in the affocia tion.” If this becomes general, there cannot be a doubt that it must prove fuccessful, and it will even make the bill pass without any difficulty. A fpirit of the fame kind has of late been rekindled;-three counties have led the way. A general meeting, held at E- There will be obftacles enough thrown dinburgh, has approved of their refolu- in the way of fuch an affociation. I thall tions, and named a committee for get- ftate the ftrongest objection which, conting the fenfe of the other counties, verfing with a friend upon this subject, with a view to offer a bill to parliament; he and I thought could poffibly be deviand I make no doubt, that there will be fed. Put a cafe, faid he, where one of meetings all over Scotland, which will two candidates has a majority of the real take refolutions fimilar to those in 1775, electors; nay, has the whole, with the and a bill will be prepared: but much, addition of two nominals only; the o much I fear, that when this same bill_ther has a number of nominals, exceed. fhall be prefented above, if nothing far- ing the reals by one. In fuch a cafe, ther is done, it will run the risk of meet. should the candidate who has the whole ing with the fate of the former. One real freeholders lay afide his two nomiftep has been taken, and that a material_nal fuffragans, his antagonist, without a one, which was omitted in 1775: A contribution has been begun in the general meeting in Edinburgh; and, I make not the leaft doubt, will run through the counties, to raise a fum fufficient for the expences of paffing the bill, and combating oppofition. But all that will not do, without ftill fomething more; and, unless you do fomething more, you had better fave yourselves the trouble and expence, and neither come to meetings, nor make contributions. If you are in earnest, Gentlemen, and I really hope you are, my advice to you is, to get a fubfcription-paper properly drawn up. A fubfcription paper is too low a name; I muft call it rather a folemn afsociation: and by what ever name you chufe to call it, let it import your hearty disapprobation of nomi, nal and unconftitutional qualifications for voting at elections of members of parliament, and that in order to check their farther progrefs, until an act can be ob. tained effectually to fupprefs them, and for putting the election-laws upon a more liberal and independent footing. "Therefore the fubfcribing do folemnly covenant, and bind and oblige themselves, hat they will not give their votes or intereft in favour of any candidate who that accept of the vote of any elector upon a qualifica tion by liferent, or wadfe of fuperiority, or any other fictitious or fraudulent qualification; and that they will do their utmost to difcourage and fupprefs this fingle real freeholder upon his fide, would be chofen the reprefentative of that coun ty. This would be destroying the very end and purpose of the affociation. Therefore, said my friend, should not the covenant contain an exception of the cafe, where a candidate had a majority of real votes ? I confefs, I was at first stumbled with this difficulty. But, in order to clear the ground a little, I asked him, in the firft place, Whether he supposed the ftate of any election could be precifely known till it was over? Could the e lectors of any county be brought to previous declaration, or a rehearsal of an election? Or, could the candidates be brought together to compare notes? Or, could they tell; or, if they could, would they believe or truft one an other? My friend admitted none of these things could be. If so, said I, the putting fuch an exception into the covenant could ferve no end, but to make it of no earthly use. It would pave the way for more exceptions and diftinctions, till the rule would be excepted and diftinguished away altogether, and would involve gentlemen in a labyrinth of perplexities; fo that if there be any who, for the fake of private friendships, or for other motives, can fubmit to an infringement of a conftitutional principle, who can admit of the Popish doctrine of indulgences, they had better let the affociation alone, and I 2 quiet! quietly let the yoke be fafter and faster wreathed about their necks. For my fhare, Gentlemen, supposing the cafe put should clearly exist, and that it could be exactly known before hand how an election flood, I would advise you to difdain the exception, even in fuch a cafe. I cannot help thinking that no thing could be more fortunate, nor tend more effectually to put an end to thefe nominal voters, than their getting a reprefentative chofen by themfelves, pure and unpolluted by the fuffrage of one real freeholder? Would there be no indignation in fuch a cafe? Would not that very circumftance open gentlemens eyes? Let them, in fuch an inftance, lay their cafe before the Houfe of Commons. The question of nominal qualifications has never yet been tried in that Houfe. Indeed, in my opinion, its true merits have never been directly tried in the House of Lords. The decifions of that Houfe, as appears to me, amount only to this, That no oath could be put for difcover ing the reality of a qualification, except in the ftatutory words of the 7th of Geo.II. and that the interrogatories devifed by a gentleman of the law in Scotland, and admitted by the Court of Seffion, which, like the fpear of Ithuriel, made the Spectres ftand forth in their true shape, were not authorised by the ftatute; by which means, though thefe qualifications did not efcape detection, yet they efcaped condemnation; and the ftatutory oath, inftead of preventing, now only ferves to rivet them upon us. I fay, that the trial of fuch a cafe in the Houfe of Commons would fairly bring this diftemper to a crifis, and one way or other let us know whether there be any hopes of our conftitution being reftored to a ftate of found health. Admit, therefore, of 'no exception in your affociations; no treaty; not even a parley with nominals. All or nothing; Delenda, delenda eft Carthago, or farewell to your ancient conftitution. Liften not to the people whom you have in vain been used to look up to. Be not put off with their fair fpeeches, for they certainly will oppofe you; neither be afraid of their threats. They will tell fome of you, that if you appear in this matter, you look for fuch an office: your fon Tom, or Will, wants a commiffion; you will difoblige certain folks, and be difappointed. Laugh at thefe things, and ftand firm. If the bufinefs once gets a beginning, as you have the fpirit of the law and of the constitution upon your fide, it will run like will-fire. Come to the next Michaelmas meeting; encourage your friends and neighbours to come alfo. After the other business is over, take up this bufinefs among your felves only; and be not fatisfied with high-founding words, and manful refolutions, fignifying your general approbation of what is going on, or with drinking bumpers to the fuccefs of the fcheme, and the downfal of nominals, but quietly put your hands to the paper. It is ftrange how matters of trifling confequence, in comparison to this, will fet whole counties in motion. If there is a competition for a collector of the cefs, or any paultry office in the county to be difpofed of, there is fuch riding and running among all the lairds, fucha brushing of holiday cloaths, and powderings of wigs, fhoeing of horfes, and even laying of ploughs, to get all them and their men properly mounted to go to the meeting. But, in a weighty matter of this kind, will you, Gentlemen of the rank of real freeholders, fit at home, read the newfpapers, and content yourselves with railing at the degeneracy of the times, and the decay of the public fpirit? Take my word for it, if you follow the plan propofed, you cannot fail of fuccefs; you will damp the courage of your op pofers, and extinguifh oppofition. What fignifies their oppofing a bill, when the bufinefs will, in effect, be done without one? There are independent members of the Houfe of Commons, who will efpoufe your caufe, when the matter is explained to them; And even in the House of Peers, love of the public, infeparable from noble breafts, will, I doubt not, upon due confideration, overcome all motives of an occafional and feeming private intereft. I conclude, my dear Friends and Brethren, with this affertion, nay, this affe veration, That if, with the fpirit of your ancestors, you will take the refolution to follow the courfe I have recommended, you will do your own business. If you do not follow it, you leave your bufinefs to other people, and it requires no fpirit of divination to foretell the conféquence.- I am, Gentlemen, your moft devoted brother, and humble fervant, An OLD FREEHOLDER. PAR PARLIAMENT. [p. 32.] ON Jan. 21. the day on which the House met after the recess, Thomas Lewin, Efq; fecretary to Mr Whitehill, [fee vol. 44. p. 405.], furrendered himfelf, and was ordered to be taken into the cuftody of the ferjeant at arms. On the 31ft, Mr Dempfter prefented a petition from Mr Lewin, praying to be discharged; and moved, that Mr Lewin be difcarged on paying his fees. Lord Advocate faid, Mr Lewin's offence was not of a trifling nature; but as he would be neceffitated to pay the fees from the time he was firft ordered into cuftody, which was the beginning of laft May, to the end of that feffion, and from the beginning of this feffion to this day, he thought it no fmall punishment, and should on that account give no oppofition. The motion was agreed to, and Mr Lewin ordered to the bar of the House; when the Speaker, after a fevere reprimand, told him he was at liberty, on paying his fees. On the 22d, Mr Dempfter prefented a petition from Mr Whitehill, [fee vol. 44. P.405. & 685.], ftating, that he had returned to this kingdom to fubmit himself to the juftice of parliament, hoping that his abfence does not merit the heavy punifhment inflicted by the act of laft fef fion, whereby the petitioner, at the clofe of a life worn out in laborious employments, is doomed to inevitable penury and ruin, and to linger out the remainder of that life so spent, amidst the horrors of perpetual imprisonment; and praying for leave to bring in a bill to repeal fo much of the faid act as inflicts the penalty of total forfeiture for not surren dering within the limited time. - Mr Dempfter then moved, that the petition be referred to a committee for their examination and report; which was agreed to. On Jan. 23. was read a first time a bill for reftraining Sir T. Rumbold, and Peter Perrin, Efq; from going out of the kingdom for another year; and on the 28th, the bill, with amendments, was ordered to be ingroffed. Mr Perrin's petition, [vol. 44. p.685.], praying, that the proceedings against him might be diftinct and feparate from thofe ågainst Sir T. Rumbold, was granted. Gov. Johnftone faid, he understood that a learned Lord in his eye (Ld Advocate) had some very material object concerning the Eaft Indies to bring on, He wished there might be no unneceffary delays. Great alterations were ex, pected; no lefs than new governors or new perfons were to be sent out with new powers for fuperfeding their prede ceffors. He trufted that no defign was forming against the chartered rights of the Eaft-India Company, and that the procraftination was not intended merely to procure time for fuch forgeries as might be deemed neceffary for its deftruction. He would therefore with the learned Lord to say when he would be ripe for fubmitting his plan to the confideration of parliament, or give the House the reafon of his delay. Lord Advocate did not feem altogether pleafed with the manner of the Gover nor's making his requifition. His Lord. ship did not pretend to guess what the Hon. Gentleman meant by forgeries, or overturning chartered rights. Very ma terial alterations would undoubtedly be propofed, relative to the management of our Indian territories. It was certainly intended that a new set of servants should be fent out with new powers; that the revenue of the company should be newmodelled; and that a number of other regulations should take place, more espe cially that the controuling power of the proprietors over the court of directors fhould be annihilated; these were the objects of the committee, and would require time to mature and digeft. He was therefore not prepared, he said, to make any apology whatever for delaying this bufinefs, and for the best reason in the world, because he was conscious of no delay. Gov. Johnftone was forry to hear, that chains were forging for the proprietary. It was a moft comfortable indication of the learned Lord's regard for the char tered rights of the company, that he intended to deftroy the fupremacy of the proprietors over the fervants of their own appointing! Ou Jan. 28. Mr D. Hartley obferved, that, according to the treaty with France and Spain, hoftilities fhould ceafe in the narrow feas within twenty days after the ratification of the preliminary articles; but with America they were not to cease till after the conclusion of the definitive treaty. Thus it would fo happen, that within a few days, a French, a Spanish, and even a Dutch fhip, might freely navigate the narrow feas without any dan ger |