No 424. SATURDAY, August 17, 1734. Some farther Remarks on the Scotish Election of sixTEEN PEERS. NOW proceed to fome farther Obfervations on the late Election of fixteen Peers for North-Britain, not so much by Way of Anfwer to what hath been advanced on the other Side, as to clear up a Point of the utmoft Importance to the united Kingdom. The whole Poffe of minifterial Advocates have contributed their respective Quota's, upon this Occafion; but as They all reason in much the fame Strain, and catch the Echo from one another, I fhall confine My felf chiefly to Mr. Walfingham; not forgetting good Mrs. Osborne in my Way. The modeft Efquire begins with obferving, that the Merits of this Election being cognizable only by the Houfe of Peers, all Enquiries into it are an Anticipa tion of their Judgment. This is both falfe and frivolous; for We pretend not to determine whether the Charge laid in the Protefls be true or falfe, but only argue upon the Heinoufnefs of the Guilt, fuppofing it to be proved. Befides, this Objection would hold equally strong against all Reafonings upon the Elections of Commoners; which are as ftrictly cognizable in the Houfe of Commons, as Those of the Peers are in the Houfe of Lords; and yet what is more common than to fee the publick Papers fill'd with fuch Altercations? Nobody hath taken more Liberties of this Kind than Mr. Walfingham himself. 1 After this Introduction, He is pleased to reprefent us arguing that twenty-five Voices (which were the lofing Numbers) are a greater Majority than fixty; "or, taking thefe fixteen Peers on each Side separate from the reft, that Thofe, who have at least thirty"three Voices, are not chofen; and Thofe, who have "at most but nine, are the true Reprefentatives."But This is more like Mr. Walfingham's own Method of Reasoning than ours, and favours very strongly of the minifterial Way of Calculation. We do not fay that twenty-five are more than fixty, or thirty-three more than nine; but We apprehend that if the Election fhould be proved contrary to Law, it fignifies nothing by what Majority it was carried. As to the Exception against the Place of Election, it appears to have been only a curfory Complaint that the Room was incommodious; for I can find nothing about it in my Copy of the Minutes, and therefore I took no Notice of it in either of my former Papers upon this Subject; nor fhall I go fo far out of the Way, at prefent, as to answer any of Mr. Walfingham's wife Queries upon it. He then proceeds to, what He calls, the fecond Pretence against the Freedom of the Election; viz. that there was an ARMED FORCE to awe it; and confeffes, that Colonel Handafyde's Regiment was drawn out, on the Day of Election; but it was only to PRESERVE THE PEACE Methinks this Way of Reasoning is fomewhat like That of the Ruffians, who came into Poland with an Army, to fecure the FREEDOM OF ELECTION. But here again Mr. Walsingham asks another String of notable Queftions; as for Inftance."Whether there is one Lord, who will affirm that He "believes in his Confcience this Regiment was placed "there to are the Freedom of Election?" To which I reply, that no less than nineteen Lords have fully declared their Opinion, by a folemn Proteftation, that the Fact is illegal, and plainly tending to overawe, difquiet and forcibly over-rule the faid Election. But whether the Regiment was placed there with fuch a Defign, is another Point, and nothing to the prefent Purpose "Is there a Lord, fays He, even of the fixteen, who loft it, that will affirm He loft a Voice "by the Appearance of this Regiment ?”. 66 'These How can any of Them know That?"Was any Hin. "drance given to the Lords, who reforted to the Election? Any Lord kept from voting, or threatened "with Damage, if He did not vote?". Questions deferve no Answer; for it is enough that an armed Force had SUCH a TENDENCY, what EFFECT foever it might have. But I must now beg Leave to ask Mr. Walfingham, in my Turn, whether He does not believe in his Confcience that fuch a Number of Forces was fufficient to overave the Election, if They pleafed; and whether the fame Way of Reafoning will not equally juftify the Introduction of military Forces into every Borough of the united Kingdom, on the Day of Election, and even drawing Them up under Arms before the Polling-Place? "The next Objection, fays Mr. Walfingham, is "very curious. It is, that the Lift of the fixteen "Lords elected was fent down by THE MINISTER ; "and therefore thefe fixteen noble Lords are to lose the "Benefit of their own Voices, and from thirty-three to forty-four others, Peers of North-Britain, are to "lose the Liberty of their Voices, because fuch fixteen "Lards are pretended to have been approved of by Somebody, who is alluded to under this Name of "THE MINISTER. 66 But here our Author has thought fit, with his ufual Impartiality, to fupprefs above half the Objection; for the noble Lords did not give it as the only Reason Nobody hath taken more Liberties of this Kind than Mr. Walfingham himself. After this Introduction, He is pleafed to reprefent us arguing that twenty-five Voices (which were the ❝lofing Numbers) are a greater Majority than fixty; "or, taking thefe fixteen Peers on each Side separate from the reft, that Thofe, who have at least thirty"three Voices, are not chofen; and Thofe, who have "at moft but nine, are the true Reprefentatives."But This is more like Mr. Walfingham's own Method of Reasoning than ours, and favours very strongly of the minifterial Way of Calculation. We do not fay that twenty-five are more than fixty, or thirty-three more than nine; but We apprehend that if the Election fhould be proved contrary to Law, it fignifies nothing by what Majority it was carried. As to the Exception against the Place of Election, it appears to have been only a curfory Complaint that the Room was incommodious; for I can find nothing about it in my Copy of the Minutes, and therefore I took no Notice of it in either of my former Papers upon this Subject; nor fhall I go fo far out of the Way, at prefent, as to answer any of Mr. Walfingham's wife Queries upon it. He then proceeds to, what He calls, the fecond Pretence against the Freedom of the Election; viz. that there was an ARMED FORCE to awe it; and confeffes, that Colonel Handafyde's Regiment was drawn out, on the Day of Election; but it was only to PRESERVE THE PEACE Methinks this Way of Reasoning is fomewhat like That of the Ruffians, who came into Poland with an Army, to fecure the FREEDOM OF ELECTION. But here again Mr. Walfingham asks another String of notable Queftions; as for Inftance.--"Whether there is one Lord, who will affirm that He "believes in his Confcience this Regiment was placed "there to awe the Freedom of Election?”. To which I reply, that no less than nineteen Lords have 66 "Was any Hin. Questions deserve no Answer; for it is enough that an armed Force had SUCH a TENDENCY, what EFFECT foever it might have. But I must now beg Leave to ask Mr. Walfingham, in my Turn, whether He does not believe in his Confcience that fuch a Number of Forces was fufficient to overawe the Election, if They pleased; and whether the fame Way of Reasoning will not equally justify the Introduction of military Forces into every Borough of the united Kingdom, on the Day of Election, and even drawing Them up under Arms before the Polling-Place? "The next Objection, Jays Mr. Walfingham, is "very curious. It is, that the Lift of the fixteen "Lords elected was fent down by THE MINISTER; "and therefore thefe fixteen noble Lords are to lofe the "Benefit of their own Voices, and from thirty-three to forty-four others, Peers of North-Britain, are to 66 lofe the Liberty of their Voices, because such fixteen "Lards are pretended to have been approved of by "Somebody, who is alluded to under this Name of "THE MINISTER. But here our Author has thought fit, with his ufual Impartiality, to fupprefs above half the Objection; for the noble Lords did not give it as the only Reason |