these complaints, inquiry was made, and a comparison was also taken of a suit of them with a suit belonging to another corps. They were found to be badly made up, and from this circumstance, joined to their being of an under size, greatly too small, the contract was given back to the man who had executed it for 15 years. Two things were to be considered in a contract. It might be too dear, or it might be too cheap. The inadequacy of quality and size was in this instance, found to be by no means counterbalanced by the lowness of the price. There was a diference between the two estimates of 19007. which surely the public could not recken any object when put in competition with the health, warmth, and comfort, of those brave men who had been wounded and invalided in their service. His lordship proceeded to read a letter and certificate from the major of the second battalion, and from the quartermaster of the battalion at the Tower, stating that the clothes furnished by Cour'nay were by no means fit for men wounded and invalided in the service, who required large and comfortable clothes, but might be fit enough for striplings. They were in general too small; some of them had to be cut down to join out o'hers; six hundred could not be fitted out of a thousand suits; some of those fur nished by the former clothiers, were required to be issued to supply the deficiency; two hundred were obliged to be returned; and when remonstrated with as to the unfitness of the clothing, the answer by Mr. Courtnay was, that he would be a great loser by the contract. The noble lord referred to his successor, if applications had not been made to him, from more than one battalion, not to change the old clothier.

Mr. Long admitted that applications had been made to him, but the mode was now changed, being by advertisement for estimates. If the noble lord had been at all hurt by the agitating of the present question, he could not help thinking he had himself alone to blame, in carrying away in his pocket such evidence as seemed to support the step which he had taken, and leaving behind him in the office only such evidence as went to condemn him,

Lord Howick submitted, that it was not fair to originate a question of the present nature, then not to proceed in the investigation, by which the means of wiping off any imputation against his conduct might be afforded to the noble ford, The honourable gentleman said it might be taken

up

up by the finance committee or the commissioners of military inquiry. This, it was obvious, either of these boards might have done, without the right honourable gentleman's interference.

Mr. Perceval thought the s'atement of that night entirely owing to the noble lord's own conduct. If he was inconvenienced he had himself alone to blame.

Mr. Windham thought, that though the right honourable gentleman might be justified in bringing forward the measure, he could not be justified in not now proceeding in it.

Mr. Johnstone approved of the mode in which the business had been brought forward.

Mr. Wilberforce wished to know if the noble lord meant to say that the substance of the letters were contained in the minutes, or only that they were referred to in them?

Lord H. Petty answered the question by reading a part of the minutes.

General Tarlton and Mr. Huskisson both defended the conduct of Mr. Rose.

Mr. Cochrane Johnstone hoped the business would be sifted to the bottom. It appeared to him to be a compléte job. He did not see that any blame attached to Mr. Rose in bringing it forward. Such discussions might do good, but could do no harm. The motion was then agreed to.

ARMY ESTIMATES.

The Secretary at War brought up the estimates ordered on a former night.

Lord Howick asked if they contained estimates of the additional expence of volunteer corps?

The Secretary at War said it was calculated that the sum already proposed would cover all the additional expence on this head, for the part of the year now to come; no estimate therefore, became necessary.

Lord Howick and Mr. Windham thought it was proper that the additional expences of inspecting field officers, &c. should be known, nor was it sufficient because a sum had been voted for a service in one view of a case, that it should, without any new estimate, be converted to another view of the same service.

Mr. Perceval had no objection to every separate expence being known. He had wished that satisfaction often from the late government, but they had not been VOL. 1.-1807.

anxious

anxious to gratify him. He had no objection that the other estimates should be voted the next day, and the voJunteer service be postponed.

The Speaker said it was sufficient by the forms of the House, that a sum total should have been granted..

> After some further conversation, Mr. Perceval's idea of postponing the estimates of the volunteer service, was ac ceded to.

Mr. Ashley presented the ordnance estimates, and Mr. R. Ward the navy estimates.

Lord Henry Petty postponed his motion for a bill relative to the excesses of the sinking fund, from the next day till Wednesday next.

SCOTCH SHERIFFS, AND LORD CULLEN'S PENSION.

Mr. Adam expressed his regret that he was not in the House when the discussion on this subject had taken place the other day, and he lamented it the more, because from the other business that had preceded this, his explanation must be made to a thin House. He had given notice of a motion for the production of the documents appointing the new sheriffs, and the warrant for a pension to Lord Cullen. He would now proceed to state the grounds of that transaction, that all misrepresentation and misunderstanding on that subject might be done away, and that if gentlemen were not satisfied, the point might undergo a full consideration, after the documents should be on the table.

He would begin with the affair of the sheriffs. Every one who was acquainted with Scotland must know, that the sheriffs depute had an important duty to perform. They tried a variety of causes, and sometimes prisoners, with the assistance of a jury. This local jurisdiction was of the highest advantage to the country, and there was no way in which the public money could be better employed, though the salaries were very small, than in facilitating the means of justice. These duties were performed in the most honourable and accurate manner. The sheriffs were barristers of some standing, and received that education, which fitted them for becoming judges in the supreme courts. Now the counties of Sutherland and Caithness were joined under one sheriff depute. The sheriff resided at Caithness, which was further to the north than the other county. The roads from the one to the other

were, during a part of the year, almost impassable, and the consequence was that Sutherland was, in a great mea- sure, deprived of the benefit of a sheriff. The grievance: was felt and complained of. Representations on the subject had been made to the ministers; they had applied to hris majesty, and it was determined, that a separate sheriff, should be appointed for Sutherland. The salary was only 3501. a year, and part of that, he believed, went to fill up: the salary of the sheriff of Caithness. The county of Suther-: land contained 26,000 inhabitants, and the population was increasing. It was far removed from the general seatof justice, and therefore it was of the highest importance: that justice should be done them at their own doors. This was the real motive for the appointment of a separate sheriff, and he would ask, when these things were considered, whether the thing was not called for by the strongest views of expediency?

As to Clackmannan, that certainly was nearer the seat of justice, and therefore the same reasons did not precisely exist in that instance. The honourable gentleman proceeded to state, that the sheriff depute of Stirling had Clackmannan in his jurisdiction, and the sheriff depute of Fife had Kinross. He could state facts that would. clearly shew the necessity of appointing another sheriff in this instance. In the county of Clackmannan, which was larger than that of Kinross, there was no jail, so that it was necessary to remove prisoners from the place where they were tried to Stirlingshire, through another county, so as to constitute, according to the institutions, what is called an escape. As to Kinross, it was well known that the sheriff depute of Fife never performed any duty there, but left it to a substitute. But the substitute was not under the same regulations as the depute (they were called sheriffs depute, in contradistinction to the hereditary sheriffs). The substitute did not necessarily receive a legal education, and in fact might belong to another profession. The substitute for Kinross was a highly res ecable gentleman, but he knew that he laboured under the disadvantages which he had stated. In order, therefore,. to give the counties of Clackmannan and Kinross a fair share of public justice, they were united under one sheriff. The county of Fife was one of the largest and most popu lous counties of Scotland. The county of Stirling was ako extensive, with a growing population, and extensive manufactories,

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manufactories, and each afforded complete occupation for their respective sheriffs. As to any advantage to himself in this business, he had proposed none. He was not in Parliament at the time, but was purposely out of it, in order to do his duty in his profession to those who had claims upon him. The whole was done on public principle, and could not be done without the consent of the sheriffs. The sheriffs of Fife and Stirling, he mentioned it to their honour, had, before they agreed to resign, applied to one of the judges, and were told that the thing was highly expedient and proper. It was said that the regulation only did not go far enough, as there were points of the counties of Perth, Fife, and Clackmannan, that ran into each other, and that a further separation ought to have taken place. This fact he had only from information, but he had the best reasons to believe that it was correctly stated. At all events, the case stood on its own grounds of expediency and justice. As to the salaries, they had been resigned and regranted (Hear! hear! from the ministerial benches). Yes, regranted. He knew that with Messrs. Montgomery, Fergusson, and Boswell, the three former sheriffs of Fife, Kinross was a mere sinecure. They never did any duty there. They had the salary for the duty in Fife, and to that duty it was proper the same salary should be still attached. The salary for Stirling was also re-granted; it was only 3001. a year. He would, therefore, confidently ask whether it was not wise and expedient to grant these small additional salaries for the furtherance of the interests of justice and sound. policy?

He now came to the warrant for the pension to Lord Cullen, and to this he requested the particular attention of the House. He was sorry that he was not in the House when this subject came on before, as he might have then stated what might have rendered the present discussion unnecessary. Every one who was acquainted with Lord Cullen must know, hat he was a man of the most profound leareing, particularly in his own profession, an agreeable companion, and most perfect gentleman. It was of him that Lord Thurlow spoke when he read the composition on the rights of the Scottish peers, and said that it was the most excellent and finished piece of antiquarian law that he had ever seen. The intention of granting a pension to Lord Cullen did not originate with the late ministers, but