The Sun.
London, England, 1805-07-11 00:00:00

DUKE OF ATI-LPL's CLAIM.

On' the question for the third reading of tile Sill
for granting additibual Curivens4tion to the Aihol

The Marquis of BUCKINGHAM ruse to oppose
the third reading. lie was decidedly against the
whole principle of the Bill, and could not admit the
truth of the allegations in the Preamble. It hadbeen
stated, that the sovereignty of the Island, before the
Investing AO, belonged to the Duke. 5 this allegation
he utterly denied; there. was, not a single, paper on
record to be found in which the, family had tikt-,:rt
the title, or chiimed the right of sover,:ipty. The
Dukes of Athol had been hitherto eallei " Tiords• of
Man,'.' and the present Datehess DoWager was Called,
in a variety of instruments, " the Lady of Man.7-..1f
any compensation was due, it was to her and her heirs
general. The internal. revenues of the Island were
extremely , small, at the time of the passing of this
Aa; and he was pertbaly of the opinion which
was given by the Crown Lawyers, to Whom it
had been referred, that there was no , reason to say
the Compensation was inadequate. As to the Cus-
tomS of the Island, they hid not been intended for
or applied to-the private emolument of the Athol
Fatuity, but to the necessary Public Service of the
Island,,which had becn.very.thuclicegleoted. The
time .had come when it was, necessary for the
Empire to 'resume that Island, the Lordship of whkil
had been so given away by Henry IV. It appeared
to him, that their power of resuming it was equal to
the power that ParliaMent has of compelling' any in-
dividual of this kingdom to dispose of Ins prdperty for
the public Service upon receiving adequate. Compen
sation. He considered the compensation as adiqUate
that the person who alone had any right to com -
plain if it (the Dutchess Dowager); had not made
any complaint, and that it would be of the ino,a.
dimgerous consequences to set a'pretient for open-
ing transaaions which had been so long closed.
The tail Of If ESTMORLat4A'D replied to the
arguments that had been urged against the Bill ; he
considered that the transfer was altogether compul-
sory on the part of the Athol Family, as appeared by
the House of Com-
the evidence of Sir Fleteher Norton, His Majesty's
Attorney General,who stated, in
einx;irl'sa.sgareNa‘tritsnMwthatitplolen btal'ije beard the
laaTdpsualY;
what WM offered him
t hat he would not take double
as a compensation if he eras tot atratd at the con-
sequences of the Bill winch was then about to
be brought for ward respefling the customs of
the Island. Phis appeared to him suflieient proof
that the sale was a compulsory o:a against the late
Duke of Athol, and that 1 if the terins we !'e not tile
at that time, 'the present Duke had a right to cum.
pensation. The ctotoins of the -Isle of Marl were, no
less than 70001. per annum when the Att was ?ay.-
ed'; and as the ACt itself referred to a schadulq.uf
those customl,he could not but think they fgroed-416
principal consideration for wh:ch the sum of 70,0001.'
was giVeTI• If so, it WilS evident that such a sum
was groult
e -
inadequate. There was anotherstanc
in liis,,opiniotr, vitiated the whole
t.
an wioil, and he wished that .the Learned •14rAis,i,.
would 654.1.iresa their opinion of it in a pot of
When a tenant for life. (and the Dutchess-Dowager
was no mote), in the sale of a property entailed-,
accepts of 4 prilite, daztceur, ter himself, he, always
cone ivied that that .cimunitance
,Would °vertu=

the bargain, either in a.Court of Law or Equity. In
this instance, the late Duke and theDntehess-Dowa-
gor accepted of a ducal?. of 20001. per ann. pension
to themselves. This circumstance alone would, he
believed, according to the eonstrudion of law, in)-
.
peach the fairness of this traccathon.
The LORD CIUNCELLOR was inclined to con-
sider, that, by the rules of equity in common cases,
this Pension of 20001. per ann. ought to be applied
to the property so 'entailed, and ought, not to.have
been taken for the separate use of those who were
but tenant for, life. He,was one of those to whom
the claim had been originally referred • and he had
coincided in the general opinion of the Grown
Lawyers, that there was no reason for considering
the Compensation inadequate. As to the • sove-
reignty that is now insisted upon, he thought-there
had been no pretence for claiming it ; and, as to the
. custom tinkles of the Island, it was clear they were
granted for the purpose of paying the public ex
pellees of the Island. Upon the whole he consider-
ed,. that it would be a most alarming precedent now
to open again a transa&ion ,that had been closed so
long as 40 years ago.
The Earl of *SuErot,x, opposed the Bill, as did
also the Marquis of BUCKINGHAM ; and it was sup-
ported by the Earl of WlisTmoa LAND ; after which
the Duke Of Nosrotx moved, that the fill be re-
committed ; on which the 1.10u,e divided,
coritcnts y
Not Contents - 25
Niajority
The Marquis.offluctuNottA!,t moved an Amend-
ment, that the Compensation to be granted to the
Duke of Athol should not exceed 20001. a year ;
which was negatived without. a Division.
The Noble Marquis then moved 'a verbal Amend-
ment to one of the Clauses; on which the House di-
vided.

Contents - • - . -, 5 . .
Not Contents - - ~ - 25
. . ' Majority - - - --,aQ . .
On the question for tho passing of the gilt,' the
flouse divided. . •

Contents 25
Not Coltnta - - 4
Majority for the Bill - -zt
.. PADDINGTON CANAL.

The Paddington Canal Coal Bill was read a third
time and passed, after a proposed Amendment by the
Marquis of BUCIUNGITAII, and a few words in an-
swer to it: by the Duke of MONTROSE, when, the
Amendment:was rejeded. .

not be discdrrtinued. notwith4tandiug :my PrptOga.
tion of Parliament. The Bill was rcad a ifst and
second tirne, and went through a. Comnrime.—Cht
the Motiori.that it be etigrossed,
The ./17'TORNEY-GENERA Id, however uriwil.
ling tothrow the.slightest impediment in the pro-
gress of the Bill, wished it to be consider,:(l, whe
ther or not the wording of part of it might not imply
that which he was sure.was not the intention of tiw
Framer, namely, that by a Prorogation of. Rirlia-
_ment an Impeachment could be put an end to ?
the introduaion Of such a Bill in the case of Mr.
Hastings, it was decided, that neither a Prorogation, •
nor even a Dissolution, could have that effea.

Mr. IVHITBRE.eth said, that this Bill was a
transcript of the one alluded to by the Right Hon.
and Learned Gentleman, which was brought in by
Mr. Burke, who was one of the strongest supporters
of the opinion, that neither a Prorogation not a Dis-
solution of Parliament could put an end to an. Im-
peachment. It related not to the continuance of
the Impeachment, for that was already before the
Lords, but to the continuation of the Proceedings
on it in this House. linlesS such a Bill were passed,
the Committee of Impeachment could not report
any additional circumstances to the House in the
early part of next Session without going into a
complete re-examination of all, the evidence.
The SPEAKFiR stated,- that the Bill contained two
distina provisions. The first was, that the ProCeed-
ing; in the articles, of .charge against Lord Melville,
now pending in the House. of Commons, should
hot be discontinued by any prorogation of Parlia,
ment that might take place: The other, an which
the House of COIIIIIIOIIS- would judge,whether it
implied that which was apprehended, was, that the
said articles of charge might be proceeded on in the
same manner next. Session, as if no, prorogatiw had
taken piace. It was for the House to decide,
titer pr not by .this latter prevision .;..4ny doubt:was
cast on the privilege whidi the Horse posse.!:sed, of
proceeding in . the Impeachment notwithstanding
.I
any proro:,ation of Parliament.
The ol;:ieetiond6Vas; then, as we7.l.inderelood,.ob-
viated by an Amendment introduced
.by Mr...:Wu
BREAD, and tie ;Bill NVII,Sc, r:..ad a, thiril time and
pas.ied.
" New Writs were ordered ibr Wigton, Bcc. in'the
room of W. STE,WART, Esq: who had I;;‘caepted the
Chiltern Hundred ; and. fps Cockerrnouth, in the
room of Es( WhO had accepted the
Steward Ship of the Eflindred of 'host Hund,r(A.
Sir A S. llANroxn give notice, that to-morrow
he shottld rnoi7e that' there be laid before the House
the' Mernbrial of the"CeromiSsioners of the Navy,-
in .Ati's.iji'er to the Third Report of the Commission-
en. of Nai.al Inquiry, unleis the House wonktper-
mit him' to pre!ent it Which he v's'ils 1)111)41.6d
to do.

Mr. W11111311E16 having made ,oine obwrvAtions
a2-,Ainit immedi,:to pre:.;entrnent of this
th 6 Sry.Akr.tt interigred, and the notice w.l.> ordered
to stand for to-morrow.

On the' lm iOn of Mr. •LoN6 , an humbl.:.; Address
was ordered to be presented to His pr,t7-
ing, that he would be. graciously plea:;ed to confer
some Ecclesiastical Dignity on the Rev. S. Smith,
Chaplain of the House of Commons. An Address
was lil:ewise ordered to be presented to the King,
for an advance of 1,2x01. to 1-1. AleN,andor, Esq. for
his services as Chairman of the COnntrittee of Ways
and Means.

The Usual Addresaes were voted for reninneratien
to the different Clerks nnd Officers of the House. ,
On the Motion of ,Mr% Ht7sttssoN, an 'Address
ivas ordered to be precasted to ilk 111j.sty, linty;
ink;, .that he would order the Sun of :.!!2,-,01. Irish
Curreney, to be advani7ed to the Co► mis,ioners. of
the Lottery in Ireland; and to th C(allil)issl6lloES
CM Outstanding Prizes.
The SN',AEtt:thetrattended in the HouSeof L 041,4
in eonserinence of n Mes Sage from their Let'dshipi ;
and, en his return, informed the Hovke, that be
had' heard du.; Royal .Msent gken by *Ccanmission
to a number of Public and Private Nils, for which,
see the preeeedingl hi the House of Lords. •
Adjourned.

MAILS.
ARR 1 V I,lsboll. t W.ttettiiitt, Du -.r Ilaryibu%h,
z Gotteliburhh, elluhliti, t W.lteriorcl.

PRICE ()V STM.KS
TIM DAY AT 'MI. T.VI O'cLOCK.
(*onsets St) k evx, di v. Red. Acuff. 59 I Ihnnium - 5