life in endeavouring to acquire a knowledge of the law, and this is the opinion which I have formed upon the best confideration of the subject; yet, when it comes to the Bar of this Houfe for decifion, if any thing appears in argument, fufficient to change that opinion, I fhall not be ashamed to retract it. It is certain there are among wife and able men, a variety of opinions on the fubject— fome adhering to the strict letter of the fatute of 33d George II. others comparing that ftatute with the New Rules, and conftruing that ftatute by the general known principles of common law; but which is right, or which is wrong, certain I am, the Whig Club, affembled to dine at Ryan's Tavern, are utterly incapable of judging; and certain I am, that no decifion could ever have been

had on the fubject, if the Lord Lieutenant and Counc1 Lad not approved of one of the perfons returned.

"I have in my view a noble Lord, before whom this queflion will firft come for decifion. I dare fav. that noble Lord will direct the Jury to and a verdict fpecially, that the queftion may be folemnly argued. I don't think a Judge would be juftifiable who would decide upon it at Nifi Prius.

"As to Alderman James, my Lords, the decifion of the Lord Lieutenant and Council is of no authority whaticever: if this election be illegal, that decifion does not affect to legalize it-it merely puts it in courfe of trial before the proper tribunal. If the Judge, whom the law appoints to fwear in the Lord Mayor of Dubin, fhall, upon view of the cafe, think Alderman James not duly elected, he may refufe to fwear; in that cafe Alderman' James may go into the Court of King's Bench, and apply for a mandamus directed to that Judge: if the Judge perfeveres in his opinion, he will make a return of non eft elus, and then the merits of the cafe may be tried; but if, on the contrary, the Judge hall think him duly elected, and fwear him in, even though his election was illegal, he will be an officer de fucio, and every neceffary act of his, in performance of his duty, will be as valid, as if his election were legal.

"And now, my Lords, I call upon any man to fhew me how the act of the Lord Lieutenant and Privy Council is an infringement on the rights of election, or how it invades the laws and freedom of the metropolis: Suppofe the law is

otherwife than as I conceive it, is the queftion to be decided by clamour and noife? Are they the hereditary judges of the land-inftead of appealing to the Court of the King's Bench in the first inflance, and to this Houfe in the dernier refort, are they, I fay, to appeal to the Whig Club-or the aggregate Body-or to men with National Cockades in their hats? If so, what is to become of property? My Lords, this country is, I am afraid, driven upon the verge of a precipice; and I am well aware there is a fet of difcontented men who would pufh her on to ruin. Good God! is it not manifeft? Who are the men who invade the laws, the Lord Lieutenant and Council who fend the question of right to a legal decifion, or those who would fhut up the Courts of Justice, and appeal to Whig Clubs, Aggregate Meetings, or men with arms in their hands, and National Cockades in their hats! It has been the fashion to decide queftions by clamour-but furely there never was a queftion lefs proper for fuch a difcuffion, than that to which the refolution of the Whig Club points: If that queftion is to be decided by clamour, you muft fhut up the Courts indeed, and leave every peaceable man without redrefs; for every queftion that ever came before the King's Bench, the Exchequer, the Common Pleas, or the Chancery, may as well be decided by clamour, as that between the contending parts of the Corporation of Dublin; and "if so, what becomes of law?

"My Lords, if turbulent perfons would defift from their practices, this country would be in a flate of unexampled profperity-which nothing can prevent her from enjoying, but factious contentions for power. But if. my Lords, every queftion of law is to be made a queftion of party-if every question is to be decided by clamour-if every man who is bold enough honeftly to speak his opinion, is to be vilified and traduced, who, that can live out of the country, will remain a moment in it?

"The Chancellor then concluded, by affuring the noble Lords, that what he had faid was not from any difrespect to them, for whom he had a high respect: But fo often as any noble Lord should make a charge againft him, he would call upon him in that Houfe, face to face, to avow and fupport the charge; that in cafe he should have been proved to have done wrong, he might retract his error,

and

The Members of the Committee are,. Duke of Leinfter, Earl of Moira, Earl of Charlemont, Earl of Arran, Right Hon. W. B. Ponfonby, M. P. Right H.. H. Grattan, M. P. Sir E. Newenha, K. M. P. J. P. Curran, Efq; M. P. Arthur Browne, Efq; M. P. John Egan, Etq; M. P. John Edwards, Efq; Travers Hartley, Efq; Coghill Crammer, Efq; George Maquay, Efq; Hamilton Rowan, Efq, Rev. Richard Shack.

(Signed) HENRY GRATTAN, Pro-Sec."

ENGLAND.

FROM THE LONDON GAZETTE,

WHITEHALL, Aug. 5.

This morning one of his Majefty's meffengers arrived from Madrid, at the Office of his Grace the Duke of Leeds, his Majefty's Principal Secretary of State for Foreign Affairs, with difpatches from the Right Hon. Alleyne Fitz Herbert, his Majelty's Ambafador Extraordinary and Plenipotentiary at that Court, containing an account of the following Declation and Counter-Declaration having been figned and exchanged, on the twentyfourth of July laft, by his Excellency on the part of his Majesty, and by his Excellency Count Florida Blanca, his Catholic Majesty's Minifter and Principal Secretary of State, on the part of the Catholic King.

DECLARATION.

HIS Britannic Majefty having complained of the capture of certain veffels belonging to his fubje&s in the port of Nootka, fituated on the north weft coaft of America, by an officer in the fervice of the King; the under-figned Counfellor and Pncipal Secretary of State to his Majefty, being thereto duly authorized, declarés, in the name and by the order of his faid Majefty, that he is willing to give fatisfaction to his Britannic Majefty for the injury of which he has complained; fully perfuaded that his faid Britannic Majefty would act in the fame manner towards the King, under fimilar circumftances; and his Majefty further engages to make full reftitution of all the British veffels which were captured at Nootka, and to indemnify the

COUNTER-DECLARATION.

HIS Catholic Majefly having declared that he was willing to give fatisfaction for the injury done to the King, by the capture of certain veffels belonging to his fubjects, in the bay of Nootka, and the Count de Florida Blanca having figned, in the name, and by the order of his Catholic Majefty, a Declaration to this ef fect; and by which his faid Majefty like wife engages to make full reftitution of the veffels fo captured, and to indemnify the parties interested in thofe veffels for the loffes they have fuflained; the under-figned Ambafador Extraordinary and Plenipotentiary of his Majefty to the Catholic King, being thereto duly and exprefsly authorized, accepts the faid Declaration in the name of the King; and declares, that his Majefty will confider this Declaration, together with the performance of the engagements contained therein, as a full and entire fatisfaction for the injury of which his Majefty has complained."

The under-figned declares, at the fame time, that it is to be underflood, that neither the faid Declaration figned by Count Florida Blanca, nor the Acceptance there of by the under-figned, in the name of the King, is to preclude or prejudice, in any respect, the right which his Majef'y may claim to any eftablishment which his fubjects may have formed, or should be delirous of forming in future, at the said Bay of Nootka.

In witness whereof I have figned this Counter-Declaration, and fealed it with the feal of my arms. At Madrid, the 24th of July, 1790.

(L. S.)

Signed

ALLEYNE FITZ HERBERT.

The Melage from Spain was no fooner made known to Government, than, with that fpirit of candour and integrity which univerfally marks its conduct, letters were dispatched from the Secretary of State's Office to the Governors of the Bank, to the Lord Mayor, to the Marine Society's Office, &c. announcing to them the profpect of peace.

Mr Grenville's Letter to the Lord Mayor was as follows:

"Whitehall, Aug. 5, 1790. "MY LORD,

"I have the honour to inform your Lordship that a Meffenger is arrived from his Majefty's Ambassador Extraordinary at Madrid, with the account, that in compliance with his Majefty's demand of fatisfaction for the capture of the British veffels at Nootka, a Declaration was figned on the 24th of July, by Count Florida Blanca, in the name of his Catholic Majefty; and that the fame was accepted in his Majefty's name, by his Majefty's Ambaffador, who was thereupon to proceed to the difcuffion of the matters depending between the two Courts, with a view to a definitive arrangement.

"The Declarations above referred to, will be immediately published in a Gazette Extraordinary, which will be forwarded to your Lordship as foon as it is printed. I am, my Lord,

"Your Lordship's most obedient, "And moft humble Servant, "W. W. GRENVILLE." "The Right Hon. the Lord Mayor of London."

The preparations of our navy and ar my, have received no check from this information:-A proof of the extreme caution with which it is viewed by the Miniftry.

LONDON, August 20.

The fleet of Earl Howe put to lea from Torbay on Tuesday laft; the num her of fhips of the line were thirty-one fail, and frigates and fmaller veffels, fixteen in number, made up the fleet to forty feven fail! a

Previous to the failing of the fleet, Admiral Barrington and Sir John Jarvis hifted flags; the former from the Barfleur into the Royal George, the latter from the Carnatic into the Barfleur.

Letters received yesterday morning from Cadiz, that may be depended on, ftate, that the Spanish fleet failed from that port on the 20th and 21ft ult.

The failing of our fleet may be attributed to various caufes; but it is believ ed that they are fimply gone to fa for a fhort cruile to difcipline the ships, and try the new fyftem of fignals. The fleet is in three divifions: Ad niral Barrington commands the van; Lord Howe the centre; and Sir Alexander Hood the rear. The difpofition of the other flags is mere ly to regulate the failing of the fleet, and that every part of it may profit from the inftructions of a flag-officer, in cafe of contingency. Thus the government of the van divifion will be aided by the exertions of Sir John Jervis; the centre by Lord Hood and Rear-Admiral Hotham: and the rear by Sir Richard Bickertonan arrangement which muft, in particular, greatly facilitate the manoeuvring of the whole fleet; and those who are in the leaft converfant in this business will allow, that it must be frequently productive of very fingular advantages. The inftantaneous change of pofition may turn the tide of fortune; and the timely fupport of the weaker parts of a line of battle may not only prevent a defeat, but be conducive to a victory.

In all the history of our naval wars, there is no inftance of so many fireships being fitted out, as are equipped and equipping at this moment.

Befides the fleet now at fea under Lord Howe, there are ready equipped at the different ports, and only waiting for a few men to complete their complement, eighteen fail of the line, viz.-fix at Spithead-two at Portfmouth-three at Piymouth-fix in the Medway-and one at Woolwich.

Of thefe, one is of 110 guns-three of 98-ten of 74-and four of 64.

SCOTLAND.

EDINBURGH, Auguft-16.

Friday was married here, Andrew Reid, teacher in Edinburgh, to Mary Milne, daughter of the deceased Robert Milne of Montrofe. Both being of the perfuafion of Quakers, the nuptial cerc monies, as is ufual with that fociety, were performed in their ufual place of meeting in Blackfriar's wynd, They affembled between ten and eleven o'clock forenoon, and fat in filent expectation till near twelve, when Andrew Reid rofe, and taking his bride by the hand, with an audible voice faid, "Friends, in the "fear of the Lord, and before this af

"sembly,"

"fembly, I take this my friend Mary "Milne to be my wife, and I promife to "be unto her a faithful and loving huf

band, until it fhall please the Lord to "feparate us by death." After all which, Mary Milne, the bride, ftill holding, her bridegroom by the hand, with much modefty, replied, "Friends, in the fear of "the Lord, and before this affembly, I take this my friend Andrew Reid to "be my husband; and I promise to be "unto him a faithful and loving wife, until it fhall pleafe the Lord to fepa"rate us by death."

The bride and bridegroom having again taken their feats, one of the members of the Society rofe, and read from a parchment roll, the records of the forms that had been gone through previous to the marriage, in which was alfo ingroffed the reciprocal declarations the parties then made, and which they both fubfcribed in prefence of the whole Society, many of whom alfo fubfcribed as witneffes. The bride and bridegroom were neatly attired, with much fimplicity. In the bride, the beautiful lines of the Poet were verified, that

Loveliness needs not the foreign aid of ornament,

But is, when unadorn'd, adorn'd the most.

Mr John Knox, well known as the Author of feveral Publications on the Britith Fisheries, &c.

The Rev. John Spence, Minifter at Orwell Prefbytery of Dumfermline; he fucceeded Mr Mair one of the eight Seceding Brethren who was depofed in 1740 for difobedience to the judicatures of the Church, and he hi felf was fufpended from being a member of Church Courts, in 1752 for much the fame crime; the firft was at the beginning of the Seceffion, the other at the forming what is called the Prefbytery of Relief.

Field Marthal Laudon, Commander in Chief of the Auftrian army in Moravia, of a ftranguary, in the 74th year of his age; he was a native of Livonia, Major Wood of the Marines.

Henry Buthby, Efq; Deputy Collector of the Cuftoms in London.

James Cranston, Eiq; a Captain in the Royal Navy.

The Rev. Robert Paterfon at New Spynie, Elgin.

The Right Hon, Francis Earl Guildford, Treasurer to her Majefty, in the 86th year of his age.

Patrick Duncan, Efq; Sheriff fubftitute of Perthshire.

The Rev. William Thom, Minifter at Mickle Govan.

Captain Gore of Greenwich Hofpital, he had been four times round the world, once with Byron and Wallace, and twice with Captain Cook.

The Counters Dowager of Plymouth, her Ladyfhip was daughter of the late Lord Archer, and has left a numerous iffue.

The Rev. Mr Daling, Minifter at Cleifh, aged 78.

The Lady of Sir Jofeph Mawbey, Bart. The Lady of Sir George Armytage, Bart. and daughter of Lord Suffield. Mr Jacob Hemit, Dentist to her Majefty.

The Rev. William M'Kenzie at Glen

ter.

Mrs Hay of Montblairy, of a daugh

Mr Andrew Macdonald, author of the Tragedy of Vimonda, and fome fatirical and humourous compofitions.

The Hon. Captain Peregrine Bertie, M. P. for the city of Oxford.

Mr Alderman Swain of the city of London, on the 26th current, and not before, as in our Magazine for laft June.

Mrs Ann Coward, New Chapel Suffex, aged 99 years.