412 AN INTERESTING CASE. fuch an estate; yet it is neither policy in a state, or justice or equity for its commercial interefts to fuffer fuch a restraint to remain on the posterity of the heir in special tail, to the impoverishment of all claimants under him and them. N. B. The common law allowed one third of an eftate, without a previous fettlement jointure, to the widow furviving the occupant. The only objection that can probably be started to a measure so reafonable, is that the eftate of the tenant in tail may be fo ample, that, without inordinate paffions and extravagancies, be may make a faving charge to compenfate his family lofs. But as all laws are, and should be made to provide for contingent cafualties (and no one ever doubted there is an inherent right in the conftitution to alter and amend the common law for the benefit of the fubject) the aforefaid objection has no weight, but fuch remedies fhould be fought, and fuch provifions made by higher authority and wisdom, as fhould be liable to no objection. If ever higher authority should condefcend to make new regulations in respect of that antiquated law, called Estates Tail, or the Statutes of Intail, I fhall think it merit enough to contribute a hint towards the promoting of fo good an amendment. Your Magazines have made a motion to elucidate that branch of right, and I cannot avoid thinking an heirefs without property, and a Lord Heartfiee without a foot of land, are matchable terms, and a serious argument to all parties concerned. I am, Sir, Your obliged humble fervant, AMICA VERITAS. The cafe on which the inclofed reafoning is founded.-L. T. the father, on his marriage with E. E. granted his lands to trustees, to hold to his and his wife's ufe for their refpective lives; and after the determination of that estate, to the ufe of all and every the fon and fons of the faid L. T. the father and E. E. to be begotten feverally, fucceffively, and in remainder one after another, as they fhall be in priority of birth and feniority of age; and of the feveral and respective heirs male of their bodies lawfully iffuing; the elder of the fame Aug. fons and heirs male of his body being always to be preferred, and take before the younger of the fame fons, and the heirs male of bis and their body and bodies iffuing; and for default of fuch iffue to the ufe of the daughter and daughters of the faid L. T. and E. E. to be begotten, and the heirs of the body or bodies of fuch daughter and daughters lawfully iffuing, and for default of fuch iffue to the ufe of the feveral and refpective heirs of the faid L. T. and E. E. for ever. -The deeds were proper ly executed, and the marriage folemnized; and the aforefaid L. T. the ancestor, had five children, four daughters and one fon; but before the birth of a fon he had made a declaration in the nature of a will, to difpofe of his effects, and fome regulations about his real estate, that were not available in law. Then he had a fon, the prefent heir in tail, under the above recited deeds, and the said L.T. the father, being fenfible that the said will, or declaration, was not valid, made a kind of codicil, requesting his fon, and the perfons therein named, to allow out of the rents of the aforefaid eftate (notwithstanding he had referved no authority by the above settlement, and also had limited an estate tail special thereby) 500l. or as much as would make up his perfonal estate 800l. to be divided between his daughters at the age of eighteen years.--The ancestor died, furviving the mother and the infants. N. B. The fon claimed under the deeds of fettlement; the daughters had a remainder in abeiance. The mother of the infants discharged 400l. of the faid contefted will by deeds of fettlement to her daughters, with their releases thereon. But I am not lawyer enough to determine whether fuch payments and releafes are a good bar to their remainder in tail; if not they enjoy the portions and have a claim to the eftate to the detriment of the heir in tail and his iffue. Extract of a Letter from Mr. Martin, chief Engineer at Bengal, dated O&ober 8, 1765. From Philof. Trans. Vol. LVII. "N regard to the intense and uncomneat in this climate ; it has 1768. Heat of the Weather at Bengal. been for fome time past almost infufferable. The thermometer was feldom under 98, and the quick-filver rose at certain times of the day to 104 degrees, by the best adjusted instrument; nay, I have been affured by fome gentlemen, that, in the camp 500 miles diftant, the thermometer often ftood at 120; but fuch a difference, I imagine, was occafioned by the badnefs of the inftrument. However it is certain, that nothing could exceeed the intense heat we felt day and night, during the month of June. May and July were little inferior at times, but afforded fome intermiffion; otherwife a very great mortality must have attended this fettlement, though we were not without inftances of fatal effects in the month of June, when fome few individuals in found health were fuddenly feized and died in the space of four hours after ; but, confidering the malignity of the climate, we have not loft many, and I believe the generality of people are not fo intemperate as fome years paft they used to be; though, from what I have seen, the best conftitutions in the most moderate perfons are a poor match against a fever or other diforders in this country. I have been as free from fickness as any other perfon in the fettlement; but I cannot fay that I have enjoyed myfelf in that degree as to be an exception; for no man here is without complaints, and life and death are fo fuddenly exchanged, that medicines have not time very frequently to operate before the latter prevails. This is generally the cafe in malignant fevers, which are here termed pucker fevers, meaning (in the natives language) ftrong fevers. The rains have fet in fince the 4th of June. We call this the unhealthy feafon on account of the falt petre impregnated in the earth, which is exhaled by the fun, when the rain admits of intervals. Great fickness is caufed thereby, efpecially when the rains fubfide; which generally happens about the middle of October. The air becomes afterwards, rather more temperate, and, till April, permits of exercife, to recover the human frame, that is relaxed and worn out by the preceding feafon; for in the hot pe 413 riods every relief is denied, except rifing in the morning, and being on horse-back by day-break, in order to enjoy an hour, or little more, before the fun is elevated: It becomes too powerful by fix o'clock to withstand its influence; nor can the fame be attempted that day again till the fun retires, fo that the rest of the twentyfour hours is paffed under the most fevere trials of heat. In fuch feafon it is impoffible to fleep under the suffocating heat that renders refpiration extremely difficult; hence people get out into the virando's and elsewhere for breath, where the dews prove cooling, but generally mortal to such as venture to fleep in that air. In short, this climate foon exhaufts a perfon's health and strength, though ever fo firm in conftitution, as is visible in every countenance, after being here twelve months. I have been lately informed by an officer of diftinction, who was formerly engineer at this place, that being fent out to furvey a falt lake in the month of September, he found the fulphureous vapours fo ftagnated and grofs, that he was obliged to get up into the tallest trees he could find, to enjoy the benefit of refpiration every now and then; he added, that he conftantly had recourse to fmoaking tobacco, (except during the hours of fleep) to which and to swallowing large quantities of raw brandy (though naturally averfe to ftrong liquors) he attributed his fafety. However, on his return, he was feized with an inveterate fever of the putrid kind, which he miraculously furvived, though others, who attended him on the furvey, and had lived many years in the climate, were carried off, at the fame time by the like fever." T HE following remonstrance of the infurgents at Madrid, in the year 1766, (See that vol. p. 272 ) is a convincing proof how difficult it is, even under the moi arbitrary governments, totally to eradicate from the human breast, the generous fentiments of liberty, or to fubject the natives to the defpotifm of a foreign minion and minifter. Tranflated from the original Spanish. "THE infurgents beg leave to prefent this humble remonftrance to your majesty, setting forth the reafons 414 REMONSTRANCE which obliged them, with hearts full of loyalty, to act as they did, that the whole world may be informed of them and the fevereft judge pronounce the juftice of them. Aug. On the ftrength of this maxim, Sir, your fsubjects have made the clamour they did; and as they perceived the difeafe growing defperate, for want of a phyfician who fhould preferibe a remedy, the infurgents refolved, at the hazard of giving offence, and even at the peril of their lives, to put a stop to fo baneful a diftemper. They are well apprized that fome bafe-hearted men have imposed on your majefty's benevolent mind, by infinuating that the late tumult pro ceeded from difloyalty and a want of Your majefty fucceded to the throne obedience in your majefty's fubjects, of Spain, at a juncture much more fawhich may have prejudiced the Spanish vourable than your royal father, or nation in your majesty's opinion, and brother Don Ferdinand, experienced muft neceffarily disturb that ease and at their acceffions. Ruin then threatfecurity which they have always en- ened, on all fides; their fun-thine was joyed under your majefty's government. clouded, and profperity only glimmerThe great misfortune of kings (even · ed at a distance. But your majefty bethe wifelt) is, that they can fee but lit- gan your reign with fix hundred miltle with their own eyes, and are obli- lions of reals* in your treasury, 60,000 ged to take things upon trult. Not regular troops, 50 fhips of the line, feeing enough to know, they can only and a people in general above a middle know from what they hear; and the ftate. Then your majesty's alliance voice of rumour is often the voice of was fo anxioufly courted by all other falfhood. Experience of men and powers, that when they could not obthings is a difficult fcience for a king; tain it, they were contented with your nor will fpeculative knowledge enable neutrality, dreading your majesty's dehim to give a proper difpatch to bu- claring for one fide or the other, as a finefs, without being well informed of fuperior power who might turn the facts and circumftances; and these are scale. too often mifreprefented to him. Princes (lays a certain politician) feldom knows things as they really are, but as their favourites, who have their ear, cbufe to reprefent them. What a pity it is that the fpirit of truth is not radically diftinguished from that of flattery and hypocrily, by a peculiar dialect But alas! one and the fame language being indifcriminately ufed to exprefs equal zeal, the various paffions and the fource of thefe paffions lying hid, it is easy to exhibit falfhood for truth the former affuming the mafk of the latter. To analyse the language of an artful flatterer, is a difficult talk for a king, because he cannot difcover the bias and temper of his fubjects, by any intercourfe or dealing, which in the fyftem of human prudence, is the furett way to know them; nor does his high ftation admit of fuch familiar converfe. They who gain their matter's ear, generally find means to prejudice his inclinations and paffions in their own favour, and then give him fuch advice and inclinations, as are most likely to pleafe and be agree able, but what goes amifs, or may be unwelcome to him, they conceal. * About fifteen millions of pounds flerling. Into the hands of the marquis Squillacci, your majesty immediately put the reins of government; and that with a power fo abfolute, that no man could dare attempt to undeceive your majefty, in an error fo palpably giving a fanction to all his actions, as the utmoft efforts of wifdom: And lo! in the space of fix years, during which he has borne the fway, he has brought your majefty, to a want of money, of troops, and of arms. For at this day your majefty cannot reckon 600,000 reals in your treafury, nor 25,000 men in your army, nor 14 ships of war in your fleet. And inftead of giving the rule, your majefty is fhamefully reduced to the mean neceffity of obeying it. So notoriously have pofts of honour been put up to public sale, that nothing but the auctioneer's voice was wanting to proclaim it. The fpirits of the people are finking under oppreffion, and the regiments are unrecruited without any means for levying men. In short, Sire, he has brought our arms into difrepute, he has left the Spaniards without order, and the kingdom in fuch a state of defperation, that its recovery must be a work of time. About fifteen thousand pounds fierling. 1768. Of the Infurgents at Madrid. time. Self-intereft always engroffed his thoughts, amaffing wealth with infatiable avarice, and now with the many millions that he has purloined, he may boast of being worth more money than all his ancestors ever pof. feffed. Not fatisfied with this, he has procured himself, by infidious arts, the management of the Indies, under a pretence of its being a branch of his department as Miniftro de Hazienda. And as no man durft venture to oppose his career, no, not till he had left Spain at its laft gafp, he formed the project of ruining the Indies, the execution of which he began with fo much violence, that one of his firft efforts occafioned an infurrection at Quito, a confiderable province in America; and that bad example has had fuch an effect on the other provinces, that they also are not a little difpofed to renounce their allegiance to your majesty. Such has been the administration of the marquis Squillacci, your majefty's darling minifter! What can the infurgents fuppofe but that your majefty has been ignorant of all thefe evils! For had a hint of them reached your majefty's ears, without doubt you would have divested yourself of partiality, you would have turned your love to hatred, and have ftripped of his power, that tyrant minifter, whofe object was the ruin of your majefty, of Spain, and of the Indies. Had the northern Potentates, who are enemies to the crown of Spain, impofed upon your majesty a prime minifter, with a view to weaken your majesty's power, to waste your treafures, to annihilate your troops, and to deftroy your fhips of war in the Mediterranean, could they for thefe purpofes, have found a man fo proper as the marquis Squillacci? It appears, they could not, for they fee all their withes accomplished in him. In this fituation your majefty finds yourself and your kingdom. Your fubjects, though opprefied, know not how to deliver themfelves from a minifter who tyrannises over Spain, and over your majesty too. For notwithstanding the many admonitions they have given, none have had the defired 415 effect. The infurgents therefore, feeing their country at the last extremity, determined, though with fome appearance of irregularity, to aim at the man who had trampled on your majefty's crown, and treated your fubjects with contempt. And now the question is, whether this rage fhall be faid to proceed from difloyalty, or from hearts full of loyalty? Does it fpring from hatred, or from love? Shall it be deemed difobedience to rifque our lives for the fake of feeing our king reinftated in his wonted fplendor? Or will our faithful zeal, our anxiety for your majesty's being refpected and formidable, be pronounced criminal or praife-worthy? Shall the ftudying means of relief, for a bleeding people, that they may increafe and multiply, for the defence of your majefty's perfon and government, that they may flourish in opulence, be called a finifter design, or the duty of a good fubject? Let any man, be he who he will, refolve thefe questions. Perhaps the edict published againft cloaks, and flapped hats, may be efteemed the caufe of this alarm. This indeed was made use of after paving the way to the great end which was propofed: But the inftruments (incapable of diving into the state of the nation and the means of its re-eftablifhment) were inftigated only by their own feelings: They confidered thernfelves only as deprived of a convenience by the prohibition of that drefs, and on fuch an occafion they are the neceflary tools. But the truth is, your majefty's principal fubjects had a nobler object in view; witnefs, the regularity of their proceedings; fo that in a popular city, to outward appearance in riot and confufion, as much good order was obferved, as in time of quiet and tranquility. Let any honeft man fay, that he fuffered the leaft injury on this occafion; and fcarcely was the expulfion of the marquis Squillacci confirmed, when the city of Madrid, beyond expectation, was fo fuddenly restored to calmnes and ferenity, that all who faw it were ftruck with admiration. Nay, the multitude of boys, to the number of 2000, who had been employed in giving 416 CONSTITUTION OF giving the watch-word to the mob, ceafed their noify outcries, as if ftruck dumb in a moment. We all know and confefs, that no nation can have a prince more kind, affable, and beneficient, or a greater lover of justice. To fuch a king what can be more deplorable, what more unfortunate, than the being involved in fuch a cloud of ignorance, with regard to his minifter as to believe that he has the honour of the king, and the good of the people at heart, at the very time when he is acting in direct oppofition to both ? Therefore, Sire, it would be best to hear much, and believe but little, and to compare advice with information, and to prevent fuch bad confequences as often refult from too great credulity in the cabinet; the counsel of fuch men, of low birth, as may be endowed with more than ordinary talents, ought not to be difdained. Confider their opinions, and follow the advice that feems beft. Wisdom is not derived from birth but from reafon. Understanding cannot be inherited, tho' titles of nobility may. What can add fuch dignity to the crown as the refpect of the fubjects? What can give it fuch fplendor as their homage and their love? Loyalty is the firft fruits of their homage, but your majefty muft show an affection for them before you can gain their love. In other words, the fidelity with which your majesty's subjects abound, will always make you refpected by them; but acts of beneficience are neceffary to win their hearts. It being notorious, Sire, that foreigners have engroffed your favours, how can you expect your peoples love? The attachment of a foreigner cannot but he venal. His etteem is only in proportion to what he can get. What kind of attachment then can this be? or what fecurity can be had for it? With what confiftency can he leave his proper fovereign, and pretend to be faithful to another? This is unnatural, and it is equally fo to find a foreigner feizing the emoluments due to your fubjects, who labour with the fweat of their brows for the fupport of your throne, your own people fowing the ground, and ftrangers reaping the harvest. The real fpring by which the hearts Aug. of the infurgents were put in motion is now eafy to be difcovered: And fhould they be so happy as to find that your majefty fees it in its true light, they will then with the most humble obeifance, proftrate themselves at your majefty's feet, offering their lives and fortunes as a facrifice to the love they bear your majefty, and the ardent zeal which they have for the tranquillity and happiness of your majesty's kingdom." The Confiitution of Barbadoes: From A fhort History of that Ifland, lately publifhed. "confits of a governor, who is HE government of Barbadoes appointed by the king; a council of twelve men, who are alfo appointed by his majesty, by letters of mandamus; and an affembly of twenty-two freeholders, chofen by a majority of freeholders from the feveral parishes. Two reprefentatives are returned from each parifh. The members of council (as privy counsellors) advise and aflift the governor in all matters relative to the government: They are also a check upon him, if he exceeds the bounds of his commiffion: They (as part of the legiflature) form the upper house, and in paffing all laws, act as the house of peers in Great Britain: They also, with the governor, constitute the courts of chancery and errors, where each member gives his opinion in all causes. The governor hath power to appoint and difplace all military officers, and to diffolve the affembly; and also to place a negative upon all bills: judges of the court, and justices of the peace, cannot be appointed, but by and with the confent of the council, whofe approbation or concurrence must be obtained when a judge is removed from his office. No member of council can be removed by a governor, without the confent of the majority of the council, unless on fome very extraordinary occafion not fit to be divulged to the whole body. In fuch a cafe, the reafons for fuch fufpenfion (or removal) are immediately to he trans mitted to the king n council, where the member fufpended may make his defence. A member of council vacates his feat, by abfenting himself seven years from the council board, without leave of abfence obtained from the |