The Chancellor of the Exchequer faid, it was his wish to proceed on Monday on the fubject of his Majesty's Meffage; there were, however, fome papers to be laid before the House, which could not be ready before that time, but which would be ready then. It was his intention to move for a Committee on the fubject of the Meifage, and in that Committee he intended to propose an additional annual income to the Prince of Wales. Any application of that kind fhould be referred to a fubfequent ftage of the proceeding, and might come by way of inftruction to a Committee on the Bill. It was his intention to propose a fecret Committee, to take into confideration. the circumstances and the amount of the incumbrances of his Royal Highnefs. The meafure which he fhould bring forward on Monday, was only to propofe an additional income for his Royal Highness, and fuch as, perhaps, the House would not have thought proper to withhold, even if the Prince wast unincumbered. Then would follow the confideration of means for applying that income in fuch a way as would moft conduce to the eafe and comfort of his Royal Highnefs, without which the liberality of Parliament might be ineffectual.

Mr. Huffey faid, he meant to bring forward a propofition for raifing a fund to effectuate all the purposes recommended in his Majefty's Meffage. He meant to propofe a fale of the foreft lands of this country; or, at leaft, a fufficient quantity of them to answer the purpofes expreffed in the Meffage, and alfo to prevent the neceffity of adding fo frequently to the burdens of the people; as well as for laying fome foundation for the provifion and fupport of the diftreffed part of the inhabitants of this country. He threw this out then merely that the thing might be confidered; he faid nothing in favour of it; he meant it for the confideration of that House, and for the confideration of the Public. If he found any ftrong and good objections to it, of courfe he fhould not perfift; otherwife he should certainly bring it forward.

The Chancellor of the Exchequer faid, that the fubject which the Hon. General had alluded to was one which could not regularly be difcuffed then. But he could not help faying, that in his opinion, when it came to be difcuffed, the Houfe would find infuperable objections to it. At least, taken in the laft view of the Hon. Gentleman, a provifion for the people by means of prefent relief, it was wholly inadequate.

Mr. Huffey faid, he expreffed himfelf exceedingly ill, if he faid any thing about prefent relief to the Public. He meant to lay a foundation for future fupport.

Mr.

Mr. Dundas moved for leave to bring in a Bill for allowing the Eaft India Company, for a time to be limited, to import merchandize in bottoms not British built.-Granted.

Mr. Faddrell moved that the Dead Body Bill be read a fecond time on Friday next.-Ordered.

The House, in a Committee of Supply, voted several refolutions, and ordered them to be received on Monday, Adjourned to Monday.

HOUSE OF COMMONS.

MONDAY, May 11.

The Chancellor of the Exchequer stated, that understanding that the Speaker was extremely indifpofed, he fhould propofe that the Houle adjourn till Wednesday, and that the confideration of his Majefty's Meffage relative to a provifion for his Royal Highnefs the Prince of Wales be poftponed till that day.

Mr. Jekyll expreffed the regret which he, in common with every Member of the Houfe, felt on account of the occafion which rendered their adjournment neceffary. (This fentiment was received with a general burst of feeling from every quarter of the House.) This being the cafe, he fhould propofe to poftpone his motion refpecting the recal of Earl Fitzwilliam, which stood for the next day till Turfday fennight; but as the Right Hon. Gentleman (r. Dundas) had given notice of his intention to bring forward the India Budget on that day, he hoped he would now defer it till Thurfday.

Mr. Jekyll afterwards got up, and faid, that in the prefent ftate of the Speaker's indifpofition, be confidered Wednesday as too early a day, and Phould therefore propofe that the Houfe adjourn till Thurfday. (A cry of Thurflay, Thursday, from all parts of the Houfe.)

The Speaker faid, he felt himfelf extremely obliged by the degree of anxiety and intereft refpecting his indifpofition, which was expreffed from all fides of the Houfe. Indifpofed as he was, he had hoped that he fhould have been able to go through his duty to-day; but finding that impoflible, he trusted he should be well enough to attend in his place on

Thurfday.

The Houfe then adjourned to Thuriday.

VOL. III

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HOUSE

HOUSE OF LORDS.

TUESDAY, May 12.

FIELD MARSHAL CONWAY'S BILL FOR A PROLONGATION OF HIS PATENT FOR SAVING FUEL IN THE OPERATION

CF MANY IMPORTANT MANUFACTURES.

The Earl of Guildford moved that the Bill for a prolongation of Field Marshal Conway's Patent, be committed to a Committee of the whole Houfe.

Lord Auckland faid, that he had fummoned their Lordfhips from motives of candour, and that the Bill in question, which he meant to eppofe, might have every support which the general fenfe of the Houfe might incline to give to it. Undoubtedly it would be decided on its own merits, and without any reference to perfonal confiderations. Still, however, he must be permitted to fay, that it was painful to him to refift a propofition interefling to a moft refpectable individual, who had been known to him through life, and who was diftinguished by every virtue and by every quality that could conciliate the good-will of mankind. But under the circumftances which he fhould point out to their Lordships, it was impoffible for him, with any confiftency or decorum, to do otherwife.

Towards the clofe of the laft feffion, a Bill had paffed through the Houfe of Commons to prolong to Meffrs. Kendrew and Porthouse, a patent for an invention. Those perfons were ingenious manufacturers, eftablished in the North of England, and much efteemed in their line of life. They had perfonally applied to him, when their Bill was brought to the Houfe of Lords, and had various claims on every fupport that he could with propriety give to them. Seven years only of their patent had expired, and the Bill fent from the Commons granted an additional term of ten years. Meffrs. Kendrew and Porthoufe, after conferring with feveral Lords on the fubject, found that a majority of the Peers then generally attendant on the bufinefs of the Houfe, was ftrongly indifpofed to thefe prolongations, and he (Lord Auckland) decidedly told them that he was one of the number. On this information they withdrew their Bill, after feveral weeks. attendance, with a great lofs of time and a confiderable expence. As he should be forry to conceal any circumstance, he would here obferve, that. fome manufacturers of Lancafire had prefented petitions against the Bill of Meflrs. Kendrew and Porthoufe, alleging that their invention was not new and original; but they had offered to eftablish their in

vention

vention by evidence before the Committee, and had fince maintained their claim to it by a trial at law before a special jury.

Having feen with concern the difappointment and lofs of two ingenious and induftrious men, he now asked himself, ke muft now afk the Houfe, whether there is any confideration affecting the Bill of Marthal Conway, which ought to induce their Lordships to give a different fate to it. The principles of 1795 must be the fame as the principles of 1794: And if the refemblance between the two cafes were lefs glaring than it feemed to be, ftill the Houfe would be folicitous not to thew facilities to a perfon of great rank and fortune in a point of trade (for this was no other), which facilities had been denied to a private manufacturer.

Be the refult what it might, he would difcharge what he conceived to be his duty: He would ftate his objections to the Bill: He would not urge them with warmth or pertinacity: He would afterwards leave the matter to others, and would not recur to it in the further ftages of the Bill.

His chief objection was to the principle of the Bill, and might be well and clearly ftated by a felection from different claufes of the Bill itfelf. "Whereas this invention will be attended with many beneficial confequences to the Public, as thereby the expence of the whole, or the greatest part of the fuel ufed in thofe procefles to which the faid invention is applicable, will be effectually faved."-" And whereas the Public at large will (unlefs reftricted) be entitled to use and exercise the faid invention, which will be a great prejudice to the faid Henry Seymour Conway."-" Be it enacted, that no other perfon except the faid Henry Seymour Conway, fhall at any time during the term of twenty years, either directly or indirealy, ute, or put in practice, the faid invention cr any part of the fame." Thefe words give a true and faithful defcription of all Bills for prolonging monopolies, and of their nature and tendency. Their object is, and can only be in a greater or lefs degree, to take from the Public the enjoyment of an invention which is alleged to be useful to the Public. The invention is locked up; the advanced price confines the application of it; but it is locked up only against this country in the mean time it is published, and left at liberty to operate against us in every rival nation.

It might be faid that the fame reasoning would extend against every original patent, and to a certain degree this was truc. But the Act of the 21ft James I. which legalized patents for inventions, had limited them to fourteen years as a fufficient facrifice in favour of ingenuity. Befides, the original

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patents

patents are foun :ed on a fort of compact between the Public an i the original inventor: The former obtains a full poffeflion of the fecret, which could not in many cafes be otherwife obtained with any certainty, and ftipulates in return to give the monopoly for the period prefcribed by the ftatute. Perhaps, even in thefe cafes, it would be better for the community if fome other mode of recompence could be given.

It was true that in the last twenty years, feven or eight patents had been prolonged by Act of Parliament. Lord Auckland ftated them, and argued that they were all diftinguilhable from the prefent cafe: If, however, they had gone the full length of Marthal Conway's claim, he fhould still infift that they were proofs of too much facility in Parliament, and that the decifion of 1794 was the decifion proper to be abided by. The dilemma in all the cafes is this: If the invention is good, it will be amply compenfated by the monopoly of fourteen years, and therefore ought not to be extended; if it is not good, it ought not to have an extraordinary encouragement. The dilemma is ftill ftronger in another fhape: If the invention is not good, it is an impofition on the Public to give a Parliamentary fanction to it; if it is good, it is already the vefted and eventual property of the Public at the end of the first fourteen years, and it is an injury and detriment to the Public to refume it.

Sir Richard Arkwright had tried in vain during two years (1782 and 1783), to obtain a fhort prolongation of the patents for his very valuable inventions. It was fuccefsfully refifted by feveral petitions on the ground that "fuch a Bill would give flability to a monopoly prejudicial to the manu factures and commerce of the country, by leaving to all other kingdoms the united ufe of machines, which would in England alone be thereby confined to the arbitrary difpofal of one man only.”

It remained only to advert to the particular Bill before the Houfe. It stated no specific ground or claim of favour: A fpecific ground hid bein stated by Meffrs. Kendrew and Porthouse, but was not fuffered to be gone into. It came forwards within eight months of the expiration of the patent; and when, if the invention is fo ufeful as it is alleged to be, many perfons may have made preparations at a great exper.ce to avail themfelves of it. The Bill is liable to a peculiar ol jection on the part of Scotland: The patent for that country was not paTed till five years after the English patent: Its legality then is at leaft doubtful; and yet the Bill in queftion extends to Scotland the fame as to England.