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APPENDIX

No. 83.

(B.)

LETTER FROM LIEUTENANT-GOVERNOR SHAW.

SIR,

AVING as yet but for a few months resided in, or had access to be in any effectual degree acquainted with

the concerns of the Isle of Man; and though I most lament, therefore, and from other causes which might be mentioned, how very little I find myself qualified to inform or otherwise assist his Majesty's Commissioners in the several objects of their inquiry, or in any degree proportioned to that zeal I feel, and would wish to manifest for his Majesty's service on every occasion, and on the present more especially, when that royal and paternal goodness which has been ever exerted for the happiness and prosperity of all his people, is extended to the Isle of Man, in the beneficent wish to render that also prosperous and happy; yet, Sir, in obedience to the commands of my most gracious sovereign, to the best of my power, and in compliance with the requisition of the Commissioners themselves, I shall take leave, Sir, through you, to lay before the Commissioners such matters as, relative to the objects of their mission, have occurred to me, and which, in my humble opinion, appear not unworthy their consideration. And first, Sir, in regard to the Constitution of the Isle of Man :

CONSTITUTION.

It can scarce admit of a doubt, that the Isle of Man was originally peopled from the same great Celtic stock by which, with by much the greater part of Europe, the Islands of Great

Britain and Ireland were first peopled; of this the language, still in great measure Celtic, is a proof demonstrative: Yet, in respect to government and laws, the Manks appear, in all ages, to have been a distinct people, and in some degree an independent, or not annexed to any other kingdom; and though the Island or Kingdom of Man appears to have undergone several revolutions in its government, and at different periods to have been dependent on one or other of the British crowns, and that of Norway or Denmark, yet it appears also that, beyond all record among themselves, their Constitution has been free, or as much so as compatible with the tempers of the times, or latterly within record, consistent with the feodal tenures and feodal ideas under which the people held : And these, probably first derived from England, seem, or the effects of such system only, to have retained longer footing in the Isle of Man than, in some respects, they have done in England. The people, however, beyond all written record, have clearly within, claimed and enjoyed the right and privilege of being governed and regulated by laws of their own making, or consented to by themselves, or by their constitutional representatives. Regulations indeed, under the name of ordinances, have sometimes been issued in name of the Lord by the Governor and Council, which have been admitted as laws into the statute books, and some of them without any further confirmation of the Legislature: And the Keys also, in some cases, seem to have assumed and been allowed a similar privilege.

LEGISLATURE.

The proper and acknowledged Legislature consists of three Estates, viz., the Sovereign, the Governor and Council, and the House of Keys: And this Legislature, free and independent as respecting the Isle of Man, is competent to the passing of all Acts whatever of internal legislation or

regulation as fully and effectually to all (internal) intents and purposes as any other Legislature on earth within its country or kingdom, and as entirely binding and obligatory on the persons and properties of all persons whatever within the Isle. To maintain this independence of the Legislature, is held to be a first duty of every Manksman; and its competence to all acts of internal concern, and in these being governed and regulated by laws of their own making, with the assent of their most gracious Sovereign, justly constitute the chief or highest pride of all his Majesty's Manks subjects, and the privilege which last, or with but life, they would wish to undergo They dread therefore, and must ever dread, the interference in their internal concerns, or even a precedent being made for such interference from any other Legislature on earth; even the British, which though known to be generous in the extreme, yet from misrepresentation and thence misconception, still within the possibility of being less or more unjust; necessarily unacquainted, or not perfectly acquainted, with the laws, the needs, the wants, the customs, or modes of thinking of Manksmen, no other Legislature can easily be so competent to legislate for them internally. With the power of making laws is included, of course, that of altering, amending, and, where needful, or the change of circumstances points out the necessity or propriety, of repealing laws altogether; and of such necessity or propriety it is conceived by the people (or those among them who think) that they themselves, as best acquainted with their own circumstances, and humbly representing to their most gracious Sovereign, must be better judges than any other Legislature can be for them.

HOUSE OF KEYS.

This estate or branch of the Legislature is composed of twenty-four members, and in its present functions, both

legislative and judicial, appears to have existed from a very remote antiquity.* The members have their seats for life, but with the power of resignation with consent of the Governor. Residence for years out of the Isle, or having avowedly fixed their abodes in other countries, vacate not their seats as Keys. This is considered as an evil requiring remedy, more especially as in their judicial capacity thirteen, a majority of the whole number, must concur in the verdict or decision. In filling up a vacancy (by death, resignation, or crime forfeiting the privilege) the manner is, the Keys, or a majority of them (thirteen make a House), choose to elect two persons: These are presented by the Speaker, with a committee from the House, to the Governor, and he selects one of them, who thereupon, being before the Governor in Council sworn in, takes his seat. The qualification entitling to a seat is small and definite with respect only to the nominal extent of land estate, viz., a quarterland ;† but the Keys are in general men of considerable property in the Isle. This mode of election seems but very ill to accord with any idea of popular representation, and in theory, in that and other respects, it appears liable to much objection. But the Keys in their present form and constitution have, as I have said, existed many ages; and I confess, with every degree of consideration I have been able to give the subject, consulting too with sensible men of all parties and descriptions, I do not see that at present at least, or as matters now appear, that any other mode would be more eligible or more beneficial to the Isle. This, however, is but opinion on my part, and founded on but short experience.

By an Act of Tynwald in 1777 the Keys were deprived of some part of their appellate jurisdiction. but which is, or it is hoped will be, by a Bill now before his Majesty for the Royal Assent, restored to them. (Original note.)

+ Quarterlands differ in their value, and may be worth from £15 to £120 per annum. (Original note.)

COUNCIL.

This estate, by the ancient constitution (and still unaltered by any law or order that I know of), was composed of members who were such ex officio, and as set down (though perhaps in order or precedence different from that in which he has placed them) to the Commissioners by his Majesty's Deemster or chief judge: But from a difference of opinion lately arisen respecting this estate, or its component members, the Commissioners will see in it a matter which at least would need to be defined and ascertained in all time to come.

On my arrival in the Island, and as it now remains, I found the Council composed as follows of members regularly sworn in as such, viz.: The Governor,* the Lord Bishop (who as premier Baron always, when present, sits and signs next to the Governor), the Deemster, the Attorney-General, the Archdeacon, Archdeacon's Official, the two Vicars-General, and the Clerk of the Rolls. The Receiver-General does his duty by deputy, who has not a seat, and the Water-Bailiff, if now entitled to a seat, does not appear to have been sworn in. [I more than once have desired of the Clerk of the Rolls to furnish me with a list or roll of the Council as by him (the keeper also of all the public records), sworn in; but under pretences which I have thought frivolous, my requisition has not been to this hour complied with.] But I found also, it had for some time been a custom to exclude the clerical members from their seats, and, as appears, by the mere will and pleasure of the Governor or Lieutenant-Governor for the time being; for it does not appear that it was done by any law, order, or instruction whatever, or which I could either find out, or even hear of. Knowing the pure integrity and zeal for his Majesty's service, and for the good of his

* In absence of the Governor-in-Chief the Lieutenant-Governor possesses all his powers whatever, and with these all the responsibility. Different from what I believe to be the case in the American Dependencies of the Crown; in the Isle of Man the Governor and Council form but one Estate, (Original note.)

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