In the first place, sir, I would have this old Treaty searched for, and should it be found to be still existing, I think it decides the question. For, how can it be possible that it should be for the ‘evident utility’ of Scotland to alter her laws of private right, to the total subversion of a system under which she is admitted to have flourished for a century, and which has never within North Britain been attended with the inconveniences charged against it in the sister country, where, by the way, it never existed? Even if the old parchment should be voted obsolete, there would be some satisfaction in having it looked out and preserved—not in the Register-Office, or Advocates’ Library, where it might awaken painful recollections—but in the Museum of the Antiquaries, where, with the Solemn League and Covenant, the Letter of the Scottish Nobles to the Pope on the independence of their country, and other antiquated documents, once held in reverence, it might silently contract dust, yet remain to bear witness that such things had been.
I earnestly hope, however, that an international league of such importance may still be found obligatory on both the high and the low contracting parties; on that which has the power, and apparently the will, to break it, as well as on the weaker nation, who cannot, without incurring still worse, and more miserable consequences, oppose aggression, otherwise than by invoking the faith of treaties, and the national honour of Old England.
In the second place, all ranks and bodies of men in North Britain (for all are concerned, the poor as well as the rich) should express by petition their sense of the injustice which is offered to the country, and the distress which will probably be the necessary consequence. Without the power of issuing their own notes the Banks cannot supply the manufacturer with that credit which enables him to pay his workmen, and wait his return; or accommodate the farmer with that fund which makes it easy for him to discharge his rent, and give wages to his labourers, while in the act of performing expensive operations which are to treble or quadruple the produce of his farm. The trustees on the high-roads and other public works, so ready to stake their personal credit for carrying on public improvements, will no longer possess the power of raising funds by doing so. The whole existing state of credit is to be altered from top to bottom, and Ministers are silent on any remedy which such a state of things would imperiously require.
These are subjects worth struggling for, and rather of more importance than generally come before County Meetings. The English legislature seems inclined to stultify our Law Authorities in their department; but let us at least try if they will listen to the united voice of a Nation in matters which so intimately concern its welfare, that almost every man must have formed a judgment on the subject, from something like personal experience. For my part, I cannot doubt the result.