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O hadft thou, Daphne, e'en in thought,
For me a mutual with confefs'd,
Love's fearching eye the tale had caught,
For Love is keen-and made me blefs'd!
But no refponfive glance or figh

E'er bade one hope my heart elate!—
Pity, perhaps, might melt thine eye,
If thou fhould't know my haplofs fate.
Pity!-it cannot heal Love's wound!-

My tongue, forbear thy tale diftrefs'd;-
Ah, fearful left the woe-fraught found
Should give a pang to Daphine's breast!
I go, to fave my best-belov',

And fave myself;-for, Oh! my heart Finds pity only can be mov'd,

And pity will not balm love's fmart. Dover. RUSTICUS.

BAGATELLE.

To my FRIEND abroad.

THE north wind's hollow voice refounds, The rain defcends in heavy fhow'rs, My limbs are chill'd, my heart forlorn, And Spleen her influence o'er me pours.

Bring, Apathy, thy opiates bring!

O Lethe, now a copious bowl

Of thy oblivious waters lend,

To cure the frenzy in my foul;

To drive intruding Fancy thence! -
My thoughts with her are wildly fraying;
And now the whifpers in my ear,

What joys are other climes difplaying!'
Swift o'er the globe the wanton roams,
Surrounded by a busy train-
Ah, fugitive! thy flight forbear,

Thy wand'rings but augment my pain! 'Tis vain my pray`r. Thou wing it thy way, Where Love alone infpires to joy; Beneath pure fkies and verdant groves, Where thepherds woo, and nymphs comply:

Or, feated round the flowing bowl,
With jocund fong, and hearts of glee,
The fimple fw ains and laffes fair

Awake the grove to harmony.

And now thou feek'ft Italia's fhore,

And there each pile fublime furvey, Wich Gothic rage nor Time's rude hand The mighty works could fweep away. 'Malit these my friend with leifure strays, Who marks them well; whilft in his foul, Regret, awe, wonder, and delight,

Alternate rife with fweet control. 'Tis yours, Engenius, yours to rote

Italia's plains and favour'd ifles ;
With black-ey'd girls to quafi rich wines,
And die beneath their langaid miles.

For you each rifing morn difplays
A varied round to please the mind;
Unclouded azure decks the fkies,

And fragrance breathes in every wind.
For me, I pour thefe notes of care

'Midft bleak December's joyless reign; Then ah, forgive the envious lay,

Nor treat its dictates with difdain.
Misfortune haunts my weary path,
And Hope emits a feeble ray;
Then think how ill the mind can bear
The added gloom of fuch a day!
Yet think not, friend, I caufelefs rave

That fancy only paints the gloom;
Behold the fcene which I must bear

'Till Spring her genial reign refume! From tepid gales and cloudless skies, From Daphne's voice beneath the shade, From fongs of love in ev'ry bow'r, And verdant meads, and flow`rs difplay'd, Alas, how chang'd is now the scene! For balmy air-fee fmoak arise !

For fongs of love—a cough, or sneeze!
For whispering groves-rude Boreas
voice.

His bluft'ring voice-how hoarfe the found!
The rain defcends in heavy show'rs!
My limbs are chill'd !-my heart's forlorn!
And Spleen her influence o'er me pours.
The fretful goddefs, curfe her fway!

Empoifons all my focial feelings
And quiet haunts my cot in vain,

And vain the Mufe's boasted healings! My reftlefs fpirit, cease to rove!

Content fhall every feafon cheer :This focial hearth, the mufe, and love, Shall each tempeftueus hour endear. Doser. RUSTICUS.

ODE to the CUCKOW.

RECLIN'D yon glift'ring mead along,

The primrote, and the violet, The daffodil with drooping head, The daily ermin'd, freak'd with jet, Shall wreathe for me an od`rous bed, While the dun Cuckow coos his diftant fong Untutor'd gladd'ner of the grove ! Refponfive to thy ruflick note, The Lark his matin choral tings, The Blackbird from the plum-tree fings, And the blithe Linnet ftrains his tender

throat

Plougliman hoarse, approach not nigh,
Nor milkmaid, heedlefs, ruftling by,
Scare the bleft harmony,

Nor break the gen'ral chain of joy and love!

A. F. S.

The PRIMROSE.

ASK me, why I fend you here,

This firstling of the infant year; Ask me why I fend to you

This Primrofe all bepearl'd with dew;

Iftrait will answer in your ears,

The fwcets of love are wafh'd with tears;

Ask me why this flower doth fhow
So yellow, green, and fickly too;,
Ask me why the ftalk is weak,
And bending, yet it doth not break;
I muit tell you, thefe difcover
What doubts and fears are in a Lover.

JOURNAL of the PROCEEDINGS of the FIFTH SESSION of the SIXTEENTH PARLIAMENT of GREAT BRITAIN.

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to do fo.

The Lord Chancellor faid, there was no precedent of fuch a measure ; the certificate was on their Lordships' table, and there it muft lie. It was a document regularly brought before their Lordships, and to which the whole Houfe, were they fo difpofed, had not power to refufe admiffion.

After fome converfation between the Lord Chancellor and Lord Selkirk, their Lordships proceeded to Westminster abbey, and heard a fermon, which was elegantly delivered by the Bishop of Gloucefter; the text was taken from the 13th chapter of St. Paul's epiftle to the Romans, and the ft and part of the 2d verfe.

Prayers were read by the Bishop of Rochefter.

The Archbishop of Canterbury, the Bishop of Salisbury, and fome other Bishops were prefent. The Lord Chancellor was the only temporal Lord prefent.

FEB. 1. The Earl of Selkirk moved that all the Lords in town be fummoned for Tuefday next; on which his Lordship gave notice he would make a motion relative to the Jate election of a peer to reprefent in that Houle the peerage of Scotland.-The motion paffed of courfe, and the Houfe adjourned to

FEB. 5. Lord Scarfdale prefented a report from the committee appointed by their Lordfhips to fearch for precedents applicable to the trial of Warren Haftings, Etq; which was read by the Chancellor, paragraph by paragraph, each of which was respectively ordered. Upon that paragraph which stated that the Charge, Defence, &c. fhould be read at length,

The Chancellor obferved, that, on account of their extraordinary length in the prefent inftance, it would be preferable that each feparate article contained in the charge Should be immediately followed by its reVOL. XIII,

O F LORD S.

fpective answer, and fo on, till the whole was gone through.—Ordered accordingly.

Previous to the order of the day, Lords Rawdon begged leave of the Houfe to call their attention to a bill which he held in his hand, for the relief of Infolvent Debtors. He faid it was nearly fimilar to that which had fallen to the ground at the clofe of laft feflion; but as all the objections he had heard ftated were not pointed against the principle of an Infolvent Bill, but against thofe poffible frauds to which it opened the door, he had, by the affifting advice of the most respectable authority, taken care to obviate all the objectionable parts in the former bill.-The bill was received and read.

The order of the day was now read, for fummoning their Lordships upon the motion of Lord Selkirk. His Lordship rofe and moved, that the refolution on their Lordships Journals of the feflions in 1762, refpecting Lord Rutherford, be now read. This order was accordingly read, and stated, that a certain gentleman of the name of Alexander Rutherford had petitioned his Majefty, to allow him to make good his claim to the title of Rutherford, which petition had been referred to their Lordships. This claim had not been made good, but in order thereto a further term of a year had been granted; at the expiration of that period, the claim ftill remaining unfettled, and another claim. ant of the name of Dury having appeared, their Lordships were pleafed to order that a precept be iffued to the Prefident of Sefiion in Scotland, that neither of the two cla:mants, nor those claiming under them, be allowed to vote or exercife any other franchise attendant on Scotch peerage till their claims be made good. These orders having been read,

Lord Selkirk called the attention of their Lordships to a breach of privilege by the Clerks of Seffion, in receiving the vote of a perfon calling himself Lord Rutherford, in violation of the above orders of their Lordfhips; he therefore moved their Lordships that the conduct of the faid Clerks upon that occafion be referred to a committee of privilege.

After a long debate the Houfe divided upon the queition, when there appeared Contents, 20; Non-Contents, 29. His

His Royal Highness the Prince of Wales divided with the minority.-Adjourned.

FEB. II. The order of the day being read for taking into confideration the order refpecting the delivery of tickets for the trial of Mr. Haftings, the fame was read and agreed to, and is in fubftance as follows, viz. -No peer to be intitled to his tickets who either does not attend in períon to receive them, or if not able to attend, has not defired two Lords to declare upon their honour, his intention of being prefent on the day of trial; the fame mode of delivery to be observed the whole time the trial may last, so that no Lord who has not attended the preceding day can be intitled to his tickets. An order was made for Peers Minors to walk at the trial.

FEB. 12. The Duke of Norfolk informed the House that fome perfons had already counterfeited the engraving of the tickets prepared by the Great Chamberlain for admiffion to the approaching trial. To defeat the object of thofe perfons, his Grace moved, that the tickets delivered to the Peers fhould be figned with the hand-writing and fealed with the arms of each Peer, before he fhould have diftributed them among his friends; and that he should write upon them the names of the perfons to whom they were given.

Lord Stormont approved of the motion, except the part relating to the writing upon each ticket the name of the perfon to whom it was given, because it might be attended with great inconvenience.

That part to which Lord Stormont objected was left out; and the rest of the motion was carried.

The attendance of Earl Bathurst, at the enfeing trial, was difpenfed with at his own request, on account of his age-as was alfo that of his Grace the Duke of Leeds, on the fame account, at the request of his fon the Marquis of Carmarthen.

Lord Kinnaird prefented a petition from the Earl of Dumfries, complaining of the undue election of Lord Cathcart to be one of the fixteen reprefentatives of the Scotch Peerage in that Houfe. One of the objections to the election ftated in the petition was, that a perfon not legally entitled had been fuffered to vote as Lord Rutherford, and that by that vote a majority had been procured by Lord Cathcart. The petition prayed that the Earl of Dumfries might be heard by counfel at their Lordships' Bar, to make good his aliegations,

Lord Cathcart alfo petitioned that he might 'be permitted to fupport the legality of Lord Rutherford's vote; and alfo to impeach the vote given to Lord Dumfries by a perfon claiming to be Lord Colville, of Ochiltree.

After fume converfation it was determin

ed that the fubject matter of the petition and counter petition should be heard on the 10th of March.

FEB. 18. The bill relative to the Scotch Diftillery was brought up and read.

Lord Stormont held it to be a breach of faith of the legislature pledged to the Scotch diftillers, that the act which confirmed the new fyftem of collecting the fpirit duty in Scotland by a licenfe, fhould not continue for the time for which it was enacted, which was till the month of July next.

Lord Hawksbury and the Lord Chan cellor contended that there was no breach of faith in the cafe. Who could (they asked) pledge himself for the duration of an act of parliament, when events had happened which parliament could not forefee, and which would prove injurious to the public? The act under which thefe events would become highly prejudicial, ought to be repealed.

Lord Stormont infifted, that though it fhould be proper to repeal the act alluded to, ftill it would be unjuft to fubject the Scotch diftillers to the continuation of the hardship of paying the duty on fpirits by a license, after the benefits which alone could counterbalance the inconvenience of that mode, fhould have been taken from them. Either they ought to have been told laft July that the act would be repealed in this feffion of parliament, or the licenfes, which they took out at that time, and were to laft till next July, ought to determine with that act. For this reafon his Lordthip moved that a claufe fhould be inferted in the bill then under confideration, for making void the licentes taken out by the diftillers in Scotland, and putting the collection upon the duty on spirits, in that part of the kingdom, on the fame footing that it is in England. This motion was oppofed, and produced a divifion, on which it was negatived by a majority of 10. Contents

Not Contents

10

- 20

Their Lordships then adjourned.

FEB 20. Lord Rawdon begged to be underflood, that in bringing the present object before their Lordships, he had no invidious or perfonal defign. That which he had to pro pofe, was for the relief of a meritorious clafs of men, whom he thought to labour under fevere grievances; and to whom much was owing, if hard fervices had a right to claim their hard fought recompence. His Lordship stated the peculiar difadvantages that would accrue, if a precedent were to be established for overlooking long and deferving labours. He reprefented in strong and lively colouring, the danger of removing from gallant actions, the expected reward: by taking away that which ought always to accompany what was noble, you take away

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all incitement-every ftimulus to great attempts.

His Lordship then called the attention of the House to the cafes of feveral officers, who were neglectingly passed over in the late flag promotion. In this inftance, the propofed end of unremitted and well-deferving profeffional affiduity, was not only withdrawn, but a kind of cenfure was tacitly thrown upon the conduct of fuch men, by the promotion of juniors over them. In fuch a light did the old Captains confider themselves now to ftand-in a light as difgraceful as unmerited.

After fpeaking at fome length, the following motion was fubmitted to their Lordfhips :

"That an humble addrefs be prefented to "his Majefty, to take into his confideration "the fervices of certain officers who had “been unnoticed in the late promotion of "Admirals."

Lord Howe juftified his conduct in the promotion of Admirals, and fhewed the inexpediency of a regular diftinction of offcers, according to a feries of fervice. In every trust, it was neceffary that a confidence fhould reft on those that were trufted. He did not mean to treat in a disparaging manner the claims of feveral gentlemen who had been overlooked. They might have had titles to notice, which he might not have feen. The perfons, however, who had been promoted, he knew deferved much. It was not a wanton action, nor defigned for the gratification of patronage, as none had been raised, who were not intended, or, indeed, were not fit for actual fervice.

Lord Hawke followed Lord Howe in what he had advanced, and mentioned a time when he thought different of promotions than he did at prefent. He reprobated the measure of overlooking the deferts of men, merely on account of their age. Many, though of advanced life, might have much activity; and as for experience, that was much in their favour.

He

Lord Sandwich, in a very pertinent fpeech, defended the First Lord of the Admiralty, and quoted many precedents in point thought that this was not a proper fubje& for parliamentary confideration; that it was in the peculiar province of the Executive Government. If their Lordships took upon themselves to interfere in thefe matters, they might have bufinefs enough upon their hands they would have petitions without number. If they were to judge of proper appointments in that Houfe, they would often find themselves in difagreeable embarrafiments. They might have a hundred

claims upon their feelings, by fathers pleading for their children, and others for their friends. It would be cruel and pityless, when you heard them crying for the difregard fhewn to their several interefts, not to afford fome redress.

His Lordship then mentioned the great expence that would be incurred by gradual promotion-as numbers must often be provided for, before you could get at the object wifhed for. The vaft incre. fe of Admirals was dwelt upon, fince he first went into adminiftration-that at that time they were but ten; there were now more than feven times that number. He concluded with begging that their Lordships would have a proper confidence in thofe who were at the head of the Navy, as they were every way com. petent to the charge entrusted to them, and he doubted not but their actions would correspond with their talents.

A few words of explanation paffed between Lord Rawdon and Lord Howe, when thr motion was withdrawn.

FEB. 21. By virtue of a commission under the Great Seal, the Scotch Distillery bill, the Tunbridge Road bill, the Dartford Road bill, and the White-street-hill Road bill, received the Royal affent.

The order of the day being read for taking into confideration the mode of proceeding on the articles of impeachment against Warren Haftings, Efq. and for the Houfe to be fummoned; the Lord Chancellor left the Woolfack, opened the bufinefs, and in a speech of confiderable length gave his opinion; he was followed by the Lords Stanhope, Coventry, Abingdon, Loughborough, Richmond, Stormont, Derby, Grantley, Carlisle, Duke of Norfolk.

The Lord Stanhope concluded his fpeech with moving,

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"That the Managers for the Commons of "Great Britain be directed neither to pro"ceed upon the whole of the Charges, nor upon their Accufations, Article by Article, but to proceed upon the "criminating Allegations one by one."Withdrawn.

Question was afterwards put, to agree with the Propofition as ftated by the Managers for the Commons.

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JANUARY 31. THE Right Hon. Frederick Montague was upon motion of Mr. Burke ordered to be added to the lift of managers, on the impeachment of Warren Haftings, Efq. FEBRUARY 1.

Lord Galway prefented a petition from the corporation of York, praying the Houfe to take into their most serious confideration the African Slave Trade, and to devife fome means for putting an end to a traffick fo difgraceful to humanity, and deAtructive of morality; which was read, and ordered to lie on the table.

FEB. 4.

The Sheriffs of London presented at the bar a petition against the Slave Trade, and a petition against the Shop Tax, which were feverally read a first time, and ordered to lie on the table.

Mr. Kendrick prefented a petition from Sir Elijah Impey, ftating, that he was then attending the Houle, and praying that he might be heard in reply to the charges which had been exhibited against him. The petition having been read, the Journal was confulted for a precedent, when that relative to Mr. Haftings was adopted; on which Sir Elijah was called in, and informed that the Houfe had refolved to hear him.

Sir Elijah Impey appeared in black, full dreffed, with a word and tie. wig. At half paft four he entered upon his defence; and though he did not ftop till a quarter after eight o'clock, he had not got through his reply to the fingle charge relative to Nunducomar. He defended his conduct refpecting that Rajah on many legal grounds: the authority of the Supreme Court, he admitted, did not extend over all the inhabitants of the English provinces in India, but over the inhabitants of Calcutta it did; the Rajah had not been tried as a native of Bengal, but as an inhabitant of Calcutta, where he refided, where he committed the crime, and where of course he was amenable to the laws of the place. The law too on which he was tried, Sir Elijah affirmed, was not an ex poft facto law; for though the Supreme Court of Judicature in Bengal was not in existence when that law paffed, yet it extended to India in confequence of the Charter of Justice of the late King, fent over in the 26th year of his reign. This he proved by a strong circumstance, viz. that in 1765 a native Indin had been tried and fentenced to be hanged at Calcutta for a forgery, but was re pited, and afterwards pardoned by his Majefty. While Sir Elijah was proceeding in his defence, he was interrupted by

COMMON S.

Mr. Pitt, who wished that the further

hearing might be adjourned, as the gentleman at the bar must be nearly exhautted by the exertion of fpeaking for fo many hours. He could have wifhed, he faid, that the gentleman had made his defence in writing, that it might be delivered to the clerk, and fo fpare him the fatigue of fpeaking.

Sir Elijah having nothing in writing but fome minutes which he had made to help his memory,

Mr. Burke faid this was a great advantage to the accufed, and as great a difadvantage to the accufer: the latter had delivered in his charges, which could not be altered or amended; but the former not having committed his defence to writing, gentlemen mult argue from memory, when he might charge that memory with error and change, and thift the ground as often as he pleafed. This, however, he observed merely as it might make it difficult for other gentlemen to compare the charges with replies imperfectly recollected for his own part, he had made this bufinefs his ftudy for fo many years, that he fhould be at no lofs; his mind had long fince been made up on the subject.

Mr. Pitt thought this an uncandid declaration in the prefent ftage of the business, as it would not fuffer gentlemen to form a very favourable opinion of the juftice of a perfon, who, before he had heard the defence, could have finally and irrevocably made up his mind upon the merits of the cafe,

Mr. Fox infifted that the want of candour was difcernible not in what his Right Hon. friend had faid, but in the conftruction the laft fpeaker had put upon it. He had not faid that he had made up his mind finally and irrevocably; much leis had he faid that he had made up his mind without hearing the defence: he had fimply faid, that after having made this business his ftudy for many years, he had long fince made up his mind upon it.

After fome little fparring, it was agreed that the further hearing of Sir Elijah fhould be adjourned to Thursday.

FEB. 5.

The Houfe went into a committee, Mr. Rofe in the chair, to take into confideration the petitions of the Corn Distillers of Lon don and of Scotland.

Mr. Alderman Watfon ftated the nature of the bufinefs to be fhortly this-that in the year 1784, an Act of Parliament paffed, by which the Scotch Diftillers were not to be fubjected to the vifits of excife officers, nor to pay according to the quantity of spirits that they should actually diftill; but that

they

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