bringing those powers into proper action, which suggests the idea of an excess of population; and we satisfy our minds and dismiss the consideration in that hasty manner, rather than look the incon venience boldly in the face, and meet false principles and popular clamor manfully and with effect. The defect lies wholly in the want of incentive or of remuneration for the expense bestowed. Why are the Dutchman and the Polander fed at the expense of the English freeman-if freeman he can be considered in such an abject condition?

That horrific bugbear, a national debt, which has so long alarmed the whole nation, is daily lessening in terror, and its weight must diminish in an increased ratio, from two different causes, the one, an accumulation of the sinking fund, the other, an augmentation of the means to support it. Nominal wealth is increasing almost hourly; the rise in the funds itself feeds the revenue, and swells the amount of taxes; the probates of wills and amount of legacies-bridge and canal shares-roads-tram-roads-houseswith every other species of property improved, require ad valorem stamp duties on assignment, auction duty, &c. all contributing to the support of the national debt.

The danger attending a national debt is more to be apprehended in its progress, than when it becomes stationary, or is about to be diminished; for, in the first instance, the danger takes place at a moment when the wants of government are pressing and imperative, and it may happen that, from the necessity of urging the political wheel with great velocity, it may acquire too rapid a motion and take fire; or, to drop the metaphor, the productive labor may be inadequate to the support of the unproductive; and while the government is calling for supplies and taxes, the people may become clamorous, and rise upon each other to the disorganisation of the state; but this can never occur when the nation reposes in peace, and when industry takes its course uninterruptedly, thus reinstating confidence, and causing the increase of the revenue, and the comfort of the people.

Surely there can be very few who will not allow that the facts are in favor of the argument, for all must admit that, in the aggregate, the people are better fed, better clothed, and better housed, than at any former period, or, comparatively, than in any other country, although bread in some states may be at half the price it is in England. Is this prosperity? or is it misery? If it be not owing to war and credit, why are we better off than at any former period, or than the inhabitants of any other country in these three grand sources of comfort? Candor will surely assent to the position!

Thu, then lies extended and exposed the enormous imaginary

serpent-the monster of the deep, our national debt-which, by terrifying mankind, called forth all our energies; which first raised its immense bulk on the American shores, and filled the world with wonder that such a monster could exist at all; but more astonished were the civilised nations as to what it could feed on, not reflecting that it preyed on itself-was its own support, and must in time become perfectly inoffensive. Suffer it but, for the present, to remain tranquil, floating undisturbed on the waters and it may hereafter without danger be attacked; and, if judiciously cut up, may serve to enlighten the darkness of mankind. I have the honor to be,

A

LETTER

TO THE INDEPENDENT

FREEMEN OF THE CITY OF ROCHESTER,

ON THE

PETITION

AGAINST LORD BINNING'S RETURN

BEING

DECLARED FRIVOLOUS AND VEXATIOUS;

AND ON

THE RIGHT

OF

THE ELDEST SON OF A SCOTCH PEER

TO REPRESENT AN

ENGLISH COUNTY, CITY, OR BOROUGH,

WITHOUT POSSESSING A LANDED QUALIFICATION

IN ENGLAND.

BY R. TORRENS, ESQ. F.R.S.

SECOND EDITION.

LONDON:

VOL. XIV.

Pam.

NO. XXVII.

A

LETTER,

&c.

1

GENTLEMEN,

THE decision which has been pronounced upon the petition against the legality of Lord Binning's qualification to represent you in Parliament, will have excited disappointment and surprise. But when you reflect upon the motives by which you were actuated, and retrace the steps you have pursued, disappointment and surprise will be lost, in the proud conviction that you have performed a duty of a high and sacred character, and that your conduct will be hailed by the approbation of every friend of liberty and independence throughout the country. A simple Statement of the Facts which have taken place, will be a sufficient demonstration that nothing has been done which an honest man would not rejoice to do again.

On the first day of the late Election, it was required by one of Lord Binning's friends, that the several Candidates should produce their qualifications. Mr. Barnett and myself swore to landed estates in England; and Lord Binning gave in, as his qualification, that he was the eldest son of the Earl of Haddington, in Scotland. The sufficiency of this qualification was doubted, not only by myself, but by some of the most intelligent Freemen in your city. I repeatedly urged my objection in the public hall and before the poll commenced, and before I consented to its being closed, I stated to the returning Officer, that I reserved the point for future discussion, and by no means relinquished the rights

;

which might belong to me, if it should be found that Mr. Barnett and myself were the only Candidates legally qualified. Not only the Mayor, but Lord Binning himself, acquiesced in this reservation; and the numbers being in favor of his Lordship and Mr. Barnett, they were returned as duly elected.

A few days after the close of the Election, I took the opinion of Mr. Harrison on the question, whether the eldest son of a Peer of that part of Great Britain called Scotland, was entitled to represent an English county, city, or borough, without possessing a landed property in England. The opinion of this eminent parliamentary Lawyer was given in the following words :

"I cannot find, after a very diligent search in the Journals, as well as in other books, that this point has ever been raised. And the Cases and Dictum in Hatsell's Note do not affect the question, Scotland stands upon a different footing from Ireland, with respect to qualifications. The Scotch and English laws were not made interchangeably similar, as was done by the 41 Geo. III. with respect to Ireland and England: And in consequence, landed property in Scotland gives no qualification for an English or Irish county or borough. See 9 Anne, c. 5. And the Members for Scotch counties and boroughs are not obliged to give in or swear to any qualifications in the House, under the 33 Geo. III. c. 20.

"The law as to the eldest sons of Scotch Peers not being eligible to serve as Members for Scotch counties or boroughs, was finally settled in the case of Lord Daer, the eldest son of the Earl of Selkirk, reported in 8 Brown's Parliamentary Cases, Third Edit. 8vo. p. 1; but as there is no law to exclude them from representing English counties or boroughs; and as the principle upon which they have been excluded in Scotland does not apply to England, there can be no doubt that they are personally eligible to serve for England; and Mr. Hatsell is therefore right in his observation as to the expressions used in the resolutions cited by him, that the incapacity ought to have been confined to the sitting for Scotch burghs, and not stated as general incapacity to sit. But the observation of Mr. Hatsell does not affect the question of qualification, which must be decided by reference to the letter and spirit of the laws relating to qualifications in the two countries. It is obvious that the exception which exempts eldest sons of Peers, and of persons qualified to serve as. Knights of Shires, from the law which requires the Candidate to possess a certain amount of landed property, is founded upon the principle, that the presumed reversionary interest of such eldest son is equivalent, with reference to the object of the law, to the possession of the property required; and the notoriety of such