[pages 131-137 1792 Report of Commissioners of Inquiry]

[Postscripts by David Reid]

London, 9th April, 1792. This Day I signed the concluding or last Sheet of the Isle of Man Report to the Secretary of State, after adding thereto, and signing also, the following Postscript of my own, viz.

"P.S. As I co-operated with the Gentlemen I have the Honour to be joined with in all the Proceedings, and as I agree in Opinion with them in part, I have signed this Report; but not being able to bring myself to view other Particulars in the same Light which they have done, I beg Leave to deliver in my own Observations, dated the 16th of March 1792, upon, the Whole of the Inquiry at the Isle of Man, as containing my own Opinion upon each Head, after maturely considering the various Subjects, and the Papers produced and transmitted to the Commissioners, together with the Evidence taken relative to the several Matters stated in your Instructions to the Board; which Observations are, with the greatest Deference to the superior Abilities of Mr. Spranger, Mr. Grant, Mr. Osgoode, and Mr. Roe, Gentlemen for whom I have the highest Respect, humbly submitted to your Consideration.

London, 9th. April 1792. (Signed) DAVID REID."

N. B. From Page 9 to Page 131, contains a Copy of the Observations referred to in the above Postscript, as delivered to the Four other Isle of Man Commissioners, to be annexed to their Report; from which Observations the Right Honourable Mr Dundas, Secretary of State, will see wherein I agree, and in what Respects I disagree, with my Brethren the Isle of Man Commissioners.

DAVID REID.

Some Time before Mr. Reid delivered his Observations to his Isle of Man Brethren, he wrote the following Letter to them, viz.

"No. 23, Charles-Street, St. James's-Square, London,

13th March 1792.

Gentlemen,

I regret exceedingly, that I should in any Point differ in Opinion with Gentlemen of your Integrity, Knowledge, and Abilities. It would give me much Pleasure and Satisfaction, could I bring myself to your Way of Thinking: I am not insensible of my Inferiority to you in every respect; but inferior as I am, I cannot, without doing Violence to myself, give up my Opinion; and, therefore, I will humbly beg Leave to annex to the Report, which I shall sign along with you, my own Observations, that I may thereby discharge my Duty to the Satisfaction of my own Mind, and so make myself happy. At the same time, I am not vain enough to suppose that my Observations will be put in Competition with your Report; they are, however, the Sentiments of my Heart; they contain my Opinion, without regard to Men, or Consequences. Such being my Situation, I flatter myself you will not think the worse of me; for, Gentlemen, I esteem and value every one of you very much.

I stand single in my Opinion upon the Proof as to the Increase of Duties, upon certain Conditions mentioned in my Observations; but still I cannot give up my Opinion. Carriage Services are, in my Opinion, by the Ac of 1704, altered from Fort Services, and appropriated to the Lord's Use: It is by the Act 1704 that the Tenures of the Inhabitants are established; and I firmly believe these Carriages to be manerial, and not sovereign; and it is to be presumed, that the Lord had accepted of lesser Rents and Fines on account of such Carriages; and these Carriages are, in my Opinion, reserved to him by the Revesting Act. I am strengthened in my Opinion as to the Carriage Services being manerial, by the Act of Settlement, which, after mentioning the Rents, Fines, and Services to the Lord for the Land. has a Clause immediately following, 'Saving to the Lord, as Sovereign, all Royalties, Regalia, Prerogatives, Homage, &c.' And the very Keys themselves have, since the Revesting Act, brought in a Bill for raising a Tax for repairing and building Public Works, Prisons, &c. It signified not to the Duke, how the Services were employed when he was Sovereign as well as Lord, but it is otherwise now; the Forts, &c. are not his, and he naturally says, my landed Revenue is not to be taken to keep up what is not mine. Game, and Unappropriated Lands, are certainly not protected in the same Manner they were before the Revesting Act, for the Abolition of the Grand Inquest has made a considerable Alteration as to them, to the Duke's Prejudice. Our Instructions say, that if the Allegation as to the mutilated Rights should be proved, it is no doubt the Duty of Government to give their Aid and Concurrence for removing the Grounds of the Complaint; and then the Instructions go on with what the Inhabitants allege, 'which are equally entitled to the attentive Consideration of Government.' And it is recommended to us carefully to investigate this Subject, and to suggest such Observations as may occur to us, with a view of ascertaining the Interests of those Parties, and placing the Rights of both, in Time to come, upon a secure and permanent Footing.

The Keys not only declined to go into Evidence upon their Assertions, but, on the contrary, delivered in a Paper shewing that the Duke had Cause for his Complaint. See the Paper itself. Such being the Case, I think it lies with Government to have it ascertained by Law (if there be any Doubt) what was meant to be reserved to the Duke, and what not; for till this is done, the Duke must continue in a State of Warfare in the Island.

I am sorry that I cannot meet you to-day at Half past Two o'Clock, as I am at that Hour ordered, by Mr. Rose, to meet with Mr. Stiles, Commissioner of the Customs; but after what I have said, my Attendance can answer no End; and, above all Things, I wish to avoid finding Fault with any of your Resolutions.

My Observations were made long before I knew what your Resolutions were to be, and therefore they do not take notice of your Opinions: This all of you know, as my Observations have been with you for many Weeks. I am now to beg, that my Observations may be returned to me, that I may have a fair Copy of them made out, in order to be delivered to you, to be annexed to your Report to the Secretary of State. I have the Honour to be, &c.

(Signed) DAVID REID."

Mr. Reid also wrote a Letter to Mr. Peace, Secretary to the Isle of Man Commissioners, of which the following is a Copy; and directed the same for him at the Board's Office, No. 5, Buckingham-Street, York-Buildings, Strand, viz.

"No. 23, Charles-Street, St. James's-Square,

London, 31st March, 1792.

Sir,

I am to request that you will have the Goodness to present my best Compliments to the Commissioners, and to acquaint them, that it is not in my Power to attend them at Two o'Clock to-day; but that I am happy to think, that my Absence cannot in any way retard the Business, because I do not pretend to Knowledge in the History of the Constitution; and with respect to Harbours and Lights, Mr. Roe has had an Opportunity of perusing my Sentiments upon them. I am, &c.

(Signed) DAVID REID."

The following is a Copy of the Instructions from Mr. Secretary Dundas, appointing Mr. Spranger Master in Chancery, Mr. Grant an English Lawyer and Member of Parliament, Mr. Osgoode also an English Lawyer and Chief Justice of Quebeck, Mr. Roe Commissioner of the Customs at London, and Mr. Reid Commissioner of the Customs at Edinburgh, Commissioners to inquire into the Allegations of the Duke of Atholl, and Inhabitants of the Isle of Man: viz.

"Whitehall, 8th September 1791.

Gentlemen,

His Majesty being desirous of obtaining the most accurate Information upon various Points respecting the Isle of Man, it is His Majesty's Pleasure that, with your first Convenience, you should proceed to the Island, and, that after full Inquiry, you should report to me, for His Majesty's Information, upon the State and Condition of that Island, from the Materials which will be laid before you, and from such others as may occur to yourselves to call for in the Progress of your Inquiry. It has been alledged by the Duke of Atholl, that the Revenues arising to His Grace's Family were not fairly collected, even prior to the Revestment; that his Family had the Power of increasing the Duties with the Consent of the Legislature; and that that Consent, to any reasonable Degree, would not have been wanting. He alledges, that some Rights unnecessary to be vested in the Crown, for the Purpose of preventing illicit Practices, have been so vested, while others, meant to be retained, have, by the Operation of the Act of 1765, been rendered nugatory by being left in a mutilated and unprotected Condition, the Protections which they enjoyed under the former Government of the Island having been destroyed, and no new or adequate Protection substituted in their Room.

If this last Allegation should be proved, it is, no Doubt, the Duty of Government to give their Aid and Concurrence for removing the Grounds of that Complaint; but, it has been stated by some of the Inhabitants of the Island, not only that these Grievances were exaggerated, but that the Remedies which the Duke of Atholl had at any Time suggested were incompatible with the quiet and secure Enjoyment of the Rights and Possessions immemorially held by them, and which are equally entitled to the attentive Consideration of Government. It is recommended to you, carefully to investigate this Subject, and to suggest such Observations as may occur to you with a View of ascertaining the Interests of those Parties, and placing the Rights of both, in Time to come, upon a secure and permanent Footing. I think it, however, right to apprize you, that in this Part of your Inquiry you are to proceed on the Ground, that the Rights and Tenures of the Islanders, as established in 1703 and 1704, are inviolable; this has been admitted on the Part of the Duke of Atholl, and Care should be taken that nothing be brought forward, in the Course of your Inquiry, to raise a Doubt upon that Subject. It having been represented, that notwithstanding the Laws now in force for the Prevention of illicit Practices in the Isle of Man such Practices do still exist; you are to take that Subject into your serious Consideration, and receive any Propositions, or suggest any Remedies, which may appear to you to be fit or proper to be adopted for the counteracting of such Practices, or be conducive to the Improvement of the Revenue of Great Britain or Ireland. It has been suggested, that the Revenue of the Isle of Man is not nearly so productive as it ought to be; you will take proper Pains to ascertain the Truth of that Allegation, and, if true, whether it arises from the Duties not being duly collected, or from any Error in the System by which the different Duties have been laid on. Upon this Branch of your Inquiry you will of Course examine into the Expences of the Collection, and the Nature of the Establishments existing for that Purpose.

It has been very confidently stated, that the Industry, Population, and Trade of the Island is unnecessarily cramped by some of the Regulations and Restrictions which have been imposed, under an Idea that these Regulations and Restrictions were necessary for the Prevention of Frauds, and the Protection of the Revenues of Great Britain and Ireland. It must be the Care of Government to resift any Propositions which tend materially to injure the fair Collection of the Revenues of Great Britain and Ireland, and with that View you will attentively weigh every Proposition having such a Tendency: But if any Suggestions are laid before you with a View of contributing, in any Degree, to promote the Prosperity of the Isle of Man, or the Happiness of its Inhabitants, and not incompatible with the Security of the Revenues of Great Britain and Ireland, you Will give an attentive Consideration to those Suggestions, and report your Opinion upon them.

Representations have been frequently made by the Duke of Atholl, that Laws were passed by the Legislature of the Isle of Man materially affecting his Property, without his having any Means whatever of knowing the Nature of, those Laws; and upon that Ground Caveats have been entered by him against His Majesty's Assent being given to those Enactments. Complaints, on the other hand, have been made on the Part of the Keys, that in consequence of those Interruptions, very inconvenient Delays are created, and Regulations for the internal Government of the Island prevented. This will form an important Branch of your Inquiry, with a View to which, you will take due Pains to inform yourselves of the ancient Constitution of the Island, the Nature and Functions of its Legislature, the Courts of Civil and Criminal Jurisdiction, the Nature of its Magistrates and Police, together with its Revenues, and Mode of Collection; and you will report what Variations those different Institutions have recently undergone, and in particular, how far the Duties of them have been altered, or suspended, by the Operation of the Act of 1765, before mentioned. I do not propose to be more minute in the Instructions by which you are to regulate your Inquiry. It is my Intention only to state to you the general Objects of it, and you will confider these Instructions in the Light of general Directions for your Conduct, and in the Prosecution of your Inquiry you will omit no Object which may suggest itself to your Observation, as tending to throw Light either on the former or present State of the Isle of Man. The annexed Papers, No. 1, 2, 3, and 4, will point out to you the Channels by which you are likely to receive Information as to the Objects of your Inquiry; and as you may find it necessary to employ a Person to assist you in the Capacity of Secretary, you are at Liberty to fix upon such a Person to accompany you in that Character as you may conceive to be properly qualified to execute the Duties of that Station.

I am, &c.

(Signed) HENRY DUNDAS.

To the Commissioners of Inquiry, Isle of Man."

The following are Copies of the Papers, No. 1, 2, 3, and 4, referred to in Mr. Secretary Dundas's Letter, viz.

"To His Grace the DUKE of ATHOLL.

Whitehall, July 16th, 1791.

My Lord,

Since I had the Honour of receiving your Grace's Letter of the 7th Instant, I have given the best Consideration I am able to what your Grace has stated, both formerly and now, respecting your Situation in the Isle of Man. I make no Doubt that your Grace is fully satisfied of the Truth and Justice of the Representations you have made; but I am still of Opinion, that an accurate Examination of the whole Subject of the Isle of Man must precede any Decision upon various Statements which your Grace has at different Times laid before His Majesty's Ministers. With this View, it is my Intention to propose to His Majesty to appoint Commissioners to proceed without Delay to the Isle of Man, and after full Inquiry, to report upon the Materials which shall be laid before them. I shall furnish your Grace with a Copy of the Instructions I shall give to them, so that you may be fully aware of the various Objects of Inquiry, and of course prepared to bring before them every Species of Information with which you shall think it material for them to be possessed. I trust the Inquiry now to be instituted will give your Grace a fair Opportunity of bringing your Case fully into View; and I am induced to hope your Grace cannot doubt of the Wishes of His Majesty's Servants to concur in any Measure calculated for your Benefit, which may not be incompatible with the Duty they owe to His Majesty and the Public, or with that Protection they are bound to afford to His Majesty's Subjects resident on the Isle of Man. It has been repeatedly asserted by your Grace, that the interests of your Family, and of the Inhabitants of the Isle of Man, if well understood, are not at Variance with each other. The Inquiry now to be instituted will afford to your Grace the ample Means of establishing the Truth of that Proposition, and if it can be established, it will certainly tend greatly to facilitate the final Arrangement of this complicated Business.

I am, &c.

(Signed) HENRY DUNDAS."

"Whitehall, Sept. 8th, 1791.

Sir,

Some Time before I received your Letters of the 22d of January and the 126th of June, it was His Majesty's Intention to send Commissioners to the Isle of Man, for the Purpose of obtaining such Information as might tend to remove those Causes of Complaint which have so long existed, by ascertaining clearly and distinctly the Nature and Extent of the Rights of the Crown, and those, which may still remain in His Grace the Duke of Atholl, in that Island; and also to inquire into the whole of the Legal System, the State of the Revenue, and, in short, every Matter respecting the Situation of that Island, which might be proper for the Knowledge of Government. In consequence of that Design, I delayed answering the Letters above-mentioned, the Subjects of which are proper for their Consideration. I have now the Satisfaction of informing you, that His Majesty has fixed upon John Spranger, William Grant, William Osgoode, William Roe, and David Reid, Esqrs. to proceed upon this Mission; who, excepting Mr. Grant, who is now, in the Island of Jersey, propose to be in the Isle of Man by the 20th of this Month. I inclose to you a Copy of the Instructions with which those Gentlemen have been furnished; and I have received His Majesty's Commands to direct you to afford them every Assistance and Information in your Power, to enable them to effect the several Objects of their Inquiry. It will be necessary that, previously to their Arrival, you should make proper Provision for their Accommodation; and that any Expences which may be incurred for that Purpose, or for their Maintenance during their Residence on the Island, should be discharged by you; and that you should, from Time to Time, draw Bills upon Mr. Pollock of my Office for the Amount thereof.

I am, &c.

(Signed) HENRY DUNDAS."

Addressed "To the Lieutenant-Governor of the Isle of Man."

"Whitehall, Sept. 8th, 1791.

I transmit to you, by His Majesty's Command, a Copy of the Instructions which have been given to John Spranger, William Grant, William Osgoode, William Roe, and, David Reid, Esqrs. appointed for the Purpose of inquiring into and reporting upon the former and present State and Condition of the Isle of Man. Upon a Perusal of these Instructions, you will perceive that in the Course of the Inquiry, the Gentlemen appointed will desire Information to be laid before them respecting the ancient Constitution of the Island, the Nature and Functions of its Legislature, the Courts of Civil and Criminal Jurisdiction, the Nature of its Magistrates and Police, the Variations which these different Institutions have recently undergone, and how far the Duties of them have been altered or suspended by the Operation of the Statute of 1765. Upon these Particulars they will naturally look to your Information, and I am to desire that you will contribute, by every Means in your Power, to facilitate these and every other Object of the proposed Inquiry. I am, &c.

(Signed) HENRY DUNDAS."

Addressed "To the Attorney-General, Isle of Man."

The same Letter sent to the Deemster of the Isle of Man.

"Whitehall, 6th September 1791.

Sir,

Mr. Dundas, one of His Majesty's Principal Secretaries of State, having acquainted the Lords Commissioners of His Majesty's Treasury, that His Majesty has been pleased to signify His Royal Intention that John Spranger, William Grant, William Osgoode, William Roe, and David Reid, Esquires, should forthwith proceed to the Isle of Man, for the Purpose of ascertaining with Accuracy, the former and present State and Condition of that Island, the State of the Revenue, and the Laws respecting it; I am commanded by their Lordships, to direct you to prepare, and lay before the above-mentioned Commissioners, the Nature and Amount of the Revenues collected by you, the Purposes to which they are applied, the Expences attending the Collection of them, in what Particulars you conceive the present System is erroneous, and what other Regulations you are of Opinion would tend to protect and improve the Revenues of the Island, and in general, to give all the Information and Assistance in your Power to forward the Object of the Inquiry. I am, &c.

(Signed) CHAs. LONG, Secretary of the Treasury."

Addressed to "George Watts, Esq., Receiver General, Isle of Man."

[Many thanks to Ken Ken Gumbley for providing scanned text of this section]