Star.
London, England, 1805-07-16 00:00:00

THE DUKE OF ATHOL's BILL.

The eulogium madeby the Marquis of B tic sinuous
on the ceconomy of Lord SIDMOUTH has been oniver-
fally felt and admired. It was juft, as far as it went
but it did not go far enough. Lord Sinmourn di(
played on the claim of the Duke of Atoos a patriotic
difintereftednefs which is not generally known. The
Duke urged his claim to Lord &anonym at a time
when the latter was tottering in the Miniller's feat,
and when the acceffion of every vote was an objeet
of no [mall importance. But Lord &mourn die.
dained to obtain lupport at the expence of his duty to
the public, and loft the countenance of the Noble
Duke, which has been given to the prefent Minato..
The former Milliner thought that a property
bought at the rate cf rao years purchafe, befides an
annuity of spool. a year on the Irifb eflablifbment,
which has been received by the late Duke and is ncss
received by his widow, fince the year 176;;, was not
bought at an Hilbert! price. He thought likewife th
a blow was aimed at the dignity of Parliament, wka
folemn decifions, and whole good faith were ina•
peached by the claim. He thought that a door war
opened for an infraaion of the molt binding con-
crafts; and that he could not reconcile to the coin.
mon ideas of jutlice and of duty a new burden%
the public in filch ciriumtlances.,
But the Athol Bill bath now received the Royal
Affent, and hash palled into a law. Of every law of
the land it becomes us to (peak with refpea and re-
verence, and we certainly do not mean to take front
this law an iota of whatever refpee it may be en•
titled to; but, as a matter of hiftory, we think it Des
ceffary to obferve, that this Bill has palled both
Houfes of Parliament upon the recommendation of
a Committee of his Majefty's Privy Council, cnm.
poled of Lord Masvitcs, the Right Honourable
WILLIAM DUNDASs and, as we believe, two other
Members of that moll honourable body, whole names
will carry the fame conviaion to the public mind as
Lord Mass isst's does of the purity of a tranfaaion
by which a grant in perpetuity, eftimated at 3,5001,
a-year, and therefore worth above too,000l„ has beets
granted to the Duke of ATHOL. II is further. to be
obferved, that this grant was oppofed upon every
principle ofjußice and of policy by the LORD Coati.
least-cut and the LORD CHI Jusvaca of the King's
Bench, in their places in the Houfe of Lords; that it
i.ad formerly been refilled by Lord Chancellor
TN uaLow, when Attorney General; that it wan
oppofed in Official Reports by the Attorney General,
Ithe Honourable Seines% PRIMAL by the then
Solicitor
_General, Sir THOMAS (now Mr. Bat%)
SUTTON, by Sir WILLIAM GRANT, now Mance
the Rolls, and late Firft Commiffioner for Inquir-
ing into the Claims of the Duke of Asatnt. ; by
the late Lord Chancellor ROSILYII, when Attu:
ney General ; by Mr. Attorney General WAL.
LAC& by Lord Chief Junice Sir JAMES MANSFULD,
when Solicitor General ; and in varioushapes by (LS
we believe) every perfon employed in Law Situations
under the Crown for the lait forty years.
Truth, however, obliges us to acknowledge, that
the purity and propriety of this meafure have been
frequently and officially urged by Mr. Duarias, now
Lord Maslow., ; and that it has been defended on
the fame grounds of purity and propriety by Lord
Gsssaaavia and Lord las lkssinsaa.
We infert a copy of the Proteft which has been
entered on the Journals of the Houle of Lords :
DtsSINTIBNT. RADNOR.
Becaufe the Bill in quefflon appears to be grounded on the
following recitals; which has not been fupported by evidence.
The preamble recites, that the Mc of Man was granted in Sove-
reignty by King Henry the 4th, and that the Sovereign rights eon.
tinued until the sth year of his prefent Majefty; and it further re.
cites that the Ad of the rath of George the Fiery', chap. at, prn
vided for the purchak of thefe Sovereign rights. But this gran;
to Sir John Stanley, and the bid Ad, do not in point ef fad con=
vey, or confirm, or provide for the purehafe of Sovereign :Jghts
in the Ilk of Man; and it was not denied in the murk of Dehate
that the Leginature of England had uninterruptedly legtflateo
internal purpola within the Paid Eland.
ad. The preamble further recites, :bat by a certain deed of re!
Million duly executed by Charlotte, Ducbefs Voyager of Athol.
John, Duke of Athol, became entitled to the rights refereed to
his family is the tile of Man, and hatb ever finer conducted to en.
joy the fame. But this deed when produced in evidence, pupal,
only to intend to convey—" The rents,profits,and dude' deur?
" kind payable now forth and from the Ifle of Man ; and does eat
convey any of the other rights refereed: And it appears from evi.
dente that the Duchefs Dowager of Athol was Lady of the Maid
at the time of palling the Ad of the eels year of his preterit Ma-
jetty, and has condoned to ezercife part of the rights refereed t 3
herby that law ever liner the Ad of Reltridion, 1774-
3d. The preamble further recites,tbat there were circumftances
attending the reugnation of thefe rights, which make it pit and
reafonable that a further cornpcnfation Wald be given, and than
the duties of cuftoms of the Ifland belonged to the family of the
Duke of Athol, and that a compenfatiou should be given for them
to he regulated by their produce. But of thofe circumitancrs oo
evidence was given, nor was it proved to us that the duties in god.
don did fo belong, nor was any reafon whatfinver toged in the De•
bate to induce us to think that the compenfation (if any was to be
made) Mould be regulated by their produce. .
sally. Becaufe the reports nude at various times down to the
prefent moment, by the Law Officers of the Crown, on the fob-
jed of the clain for further compaifation in this manner, were
fattetioned and confirmed In the Debate by the left' legal attar
rides ; and did faddy us that we are well grounded in 'our *MO
that fuflicient grounds have not been produced in proof that dsa
emir:nation-given by the Ad of the sth year of his pawl Ilgr
kW:, Oath 26, was inadequate.
3cll, &Toole the vague and loofe mannerly which thaelfifiellns
has been concluded of the nature and extent of the ?Ad lc*
jury, or of the propoled competifaifily, or of the claim darDabs
of Athol, to be eonfidered as the parerto whom that conspenfstko
Would be granted, forms an additional ground for the jeakofe
which we entertain on the danger of eitablifitlng this precedent for
lopening for re-confideration and at a remote period, comradehet
tween the public and individuals.
4thly, Becaufe the Houfe having thought proper to reject
an
amendment propofed in the left clank for the purpofe of fupplying
words evidently omitted by mistake; the Ad as it now ftauds
coeds a very queftlonable lacocca, and impofes revere penalties
en " the Officers of the receipt of his lvlajelly's Exchequer, who
" Otall refufe or neglect to pay the Paid annuity, or yearly tent, °7
" funs, or any part thereof, according to the true intent and furor
ing of this AO, or to do any ad neeetfary to enable.the fail
" tutus, Duke of Athol, and the heirs getteral of the 7th Earl of
" Derby." But, inafinuch as the wonis• propofed to he here ad-
ded, viz. " to receive the ranee" were elected, this part of the
Ad is abfolindy unintelligible, and was edmitted by every Lord
Who (poke in the debate to be inexplieabk and of no died.
NORFULK, E. M.
NIIGENT BUCKINGHAM.
CARYSFOR F.

Our Countryman who lately efcaped from Erne!
has, in his unvarnithed tale, undone what tht
lour has been labouring to accomplith for fevcral
years pall : He has opened the eyes of all Enrol:le.?
to the real condition of France, which, in the prr(l•.
toted and dependant [late of the Continental prefTo,
could not otherwife have appeared. A work nun:
interefting, more original, and more defervirg of g^•
neral attention, never iffued from the Fels.

M