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ftitutional nature, which, if unanimity was not so abfolutely neceffary at the prefent crifis, parliament would have been bound to have reprobated in the most exemplary

manner.

In the upper houfe, the converfation principally turned on that part of the speech which related to America. The irrevocable and unconditional recognition of the independence of the United States, was condemned in the fevereft terms by a noble viscount, who had held a high office in a former adminif tration *. It was well known, he faid, that the French themselves had at different times declared, that they did not think it poffible to wreft all the thirteen provinces from Great Britain; and yet an unqualified furrender was made of the whole, without obtaining a truce, or even a ceffation of hoftilities, as the price of fo lavish a conceffion. In the most abject and unfortunate reign that Spain ever knew (that of Philip III.) the negotiators of that prince retained ten out of feventeen of the revolted provinces, and detached the rest from their alliance with France. An act of indemnity and oblivion in favour of its partizans, was at leaft what the conceding party was bound by faith and juftice to procure. But here no ftipulations whatever had been made, fo far as could be collected from the king's fpeech, in favour of those wretched men who had hazarded their lives and facrificed their fortunes to their attachment to the mother Country.

The legality of the recognition of American independence, was

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alfo queftioned; and it was abfolutely denied, that the fenfe either of parliament or of the people had been collected on that fubject.

In reply to this attack, the firft lord of the treafury denied, that the offer of independence was irrevocable; the words of the fpeech, he faid, clearly proved it was conditional; and if fair and equal terms could not be obtained from France, the ally of America, the offer might be withdrawn, and would ceafe and determine.

On the following day, Dec. 6th. when the report from the committee of the House of Commons appointed to draw up the address was read, several members got up to exprefs their uneafinefs at the explication given in the other houfe by the minifter, of that paragraph of the fpeech which announced the provifional treaty with America; the unanimity, they faid, with which the motion for an addrefs had been fuffered to pass, arofe from a perfuafion that the independence of the colonies was recognized irrevocably; fo that, though the treaty negotiating with the court of France fhould not terminate in a peace, yet the provifional treaty would remain in full force, to take place whenever the former event fhould happen. His majefty's fervants were therefore called upon to clear up these doubts, and fatisfy the minds of fuch as were of opinion that the unconditional recognition of independence, by making it the intereft of Ame, rica to put an end to the war as fpeedily as poffible, would tend effentially to accelerate a general peace. In confequence of this ap

* Lord Stormont.

peal,

"France, though the prefent trea

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ty fhould entirely break off? Or, on the contrary, is the independence of America merely contingent; fo that if the parti"cular treaty now negotiating "with that court fhould not ter"minate in a peace, the offer is

peal, the fecretary of ftate, the chancellor of the exchequer, and the commander in chief, feverally rofe, and declared, that the articles were only fo far provifional, that they depended upon the fingle contingency of peace being concluded with France; but whenever that event took place, the independence to be confidered as revoked, and of America flood recognized with- "the independence left to be deout any referved condition what- "termined by circumstances, and "the events of war?"

ever.

This contrariety of Dec. 13th. opinion amongst the members of the cabinet, occafioned a fecond debate on the fame fubject in the Houfe of Lords. On the 13th, the Earl Fitzwilliam remarked, that these contradictions, being public and notorious, might lead to confequences of the utmoft importance, and therefore demand ed an immediate explanation. During the progrefs of negotiations with artful and jealous enemies, every appearance of duplicity, or even ambiguity in our councils, ought moft anxioufly to be avoided. In order therefore to refcue government from the fufpicions under which it lay; in order to fatisfy the country that the fubjugation of America could not, under any poffible circumftances, be again at tempted; in order to fecure confidence to adminiftration both at home and abroad, he begged leave to propofe the following queftion to the noble earl at the head of his majefty's treasury.

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Is it to be understood that the independence of America is never again to become a fubject of doubt, difcuffion, or bargain; "but is to take effect abfolutely at any period, near or remote, "whenever a treaty of peace is concluded with the court of

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To the question, thus put, the minifter pofitively refufed to give any anfwer, and was fupported by the Dukes of Richmond and Chandos. It was urged in vain, that he had already, on the first day of the feflion, avowed his fentiments in a full and explicit manner; that the prefent queftion was only put on account of doubts that had arifen from the contradictory affertions of others of his majesty's fervants; that it was the language of minif ters, and not the fecrets of the treaty, of which an explanation was defired; that the fact must neceffarily be known to all the parties concerned in the fubfifting negotiations; that it was a fecret to the British parliament alone; and that no poffible mischief could arise from his giving the fatisfaction required. The noble earl perafted in his refufal; declaring that the whole houfe fhould not force an anfwer from him, which he conceived he could not give without violation of his oath as a privy counfellor. Declaring war and making peace, were, he faid, the undoubted prerogative of the crown, and ought to be guarded from all incroachment with the most particular care. If the popular parts of the conftitution thought themselves better adapted for carrying on negotiations

materially affect the negotiations then carrying on, he would defift from his purpose altogether. The minifter refufing to pledge himself in the manner propofed, Mr. Fox made the following motion on the 18th.

18th.

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"That an humble ad"dress be presented to his majefty, that he will be gracioufly pleased to give directions "that there be laid before this "houfe copies of fuch parts of the provifional articles as relate to "the independency of America." The motion was oppofed by the minifters and their friends, as both unfeafonable and unneceffary. The moment of negotiation was faid to be of all others that in which parliament ought to place confidence in ministers, and to abstain from interfering by its advice in measures, with the delicate fituation of which it must neceffarily be unacquainted. Whatever conftruction the treaty might bear, whatever contrariety of opinions might be entertained refpecting it, it was figned, and could not be altered; and, what was most material, had given perfect fatisfaction to the party that had accepted it. The mifchiefs that might arife from difcuffing fubjects of this nature in the houfe were ftrongly infifted on; and the ministers were advised to keep a total filence with refpect to the matter in debate.

gotiations of this fort, he would
advife them to go to the king at
once, and tell him, that they were
tired of the monarchical establish-
ment, that they meant to do the
bufinefs of the crown themfelves,
and had no farther occafion for his
fervices. No man, he added,
could be more anxious than himself
to have the world know what he
had done, and to receive the judg-
ment of parliament and of the
people of England upon his pro-
ceedings; and that for this pur-"
pofe, fo foon as prudence and po-
licy fhould warrant, he would not
lofe a moment in laying the treaty
before them. With refpect to the
affertion that had fo frequently
been made, that no mifchief would
arife from giving the anfwer re-
quired, he faid it was a little ex-
traordinary, that thofe who knew
not what the treaty was, fhould be
fo pofitive in declaring there could
be no fecrets in it, whilft thofe
who did know its contents as pofi-
tively afferted there were.
On the 16th Mr. Fox
Dec. 16th.
gave notice of his in-
tention to move, on the first con-
venient day, for the provifional
treaty to be laid before the houfe,
or fuch parts of it as related to the
recognition of American indepen-
dence. At the fame time, as a
proof that he had no defign to em-
barrafs government, or throw any
impediment in the way of the mi-
nifter's negotiations, he declared
that if the fecretary of ftate would
pledge himself to the houfe, that
the treaty in queftion contained
particulars, which, if difcovered
earlier than the moment minifters
might choose for laying it before
parliament, would be attended
with mischievous confequences, and

Thefe objections were fupported by Lord North in a speech full of irony and farcaftic obfervation. He faid, he entirely approved of the advice that had been given to minifters to keep filent, but wished the injunction had been laid upon them a little earlier; much trouble would then have been faved, much

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unfeafonable difcuffion of characters topped; and, if the new doctrine of a privy counfellor's oath were folid, fomething very like perjury prevented..

The motion before the houfe he understood was made for the purpose, either of fatisfying them that the American treaty was irrevocable, or of declaring it to be fo if it should appear doubtful. Now, as he neither wished nor believed it to be of that nature, he certainly could not vote with the right honourable mover.

It had been pleasantly remarked, that he should vote that day with the miniflers, not because he agreed with them, but because they difagreed with each other. This, he faid, was in fome measure true; but it was a matter not of choice but of neceffity; and as he wished to firengthen their government, he fhould be very happy if he could be inftructed how he could fupport them collectively.

Differences, he admitted, undoubtedly existed, and of a very effential nature, in the cabinet; and thofe differences might certainly have an effect with foreign powers, but they were not likely to be reconciled within thofe walls. The cabinet confifted of eleven perfons of great genius, long experience, and invariable conftancy; they had employed almost an equal number of commiffioners at Paris in this important bufinefs; and if all these perfonages had not been able to fix a precife meaning to a treaty that was declared to be concluded, could it be expected that an unanimous explanation of it fhould be given in that houfe?

He then proceeded to ftate the grounds of the meaning he had afVOL. XXVI

fixed to the treaty. It was a maxim, he faid, with cafuifts, that the fupport of one grave doctor was enough to make an opinion probable;-now he had the opinion of two grave doctors, two cabinet minifters, that the treaty was not irrevocable. He next examined the contradictory explanations that had been given; and after commenting on them for fome time, argued that if, from fo many contradictions, any thing certain could be deduced, it must be, that the provifional articles meant nothing fixed. In this opinion he was confirmed by the fpeech from the throne. To this edition of the treaty, printed on royal paper, he fhould certainly give the preference over the many that had fince been published, and enriched cum notis variorum. In that it was faid, in the first place, that independence had been offered; fecondly, that this article was dependent on another treaty, in which it was to be inferted; and, thirdly, it is there ftyled only a provifional treaty, which clearly implied that it was conditional, and therefore revocable.

Having ftated the grounds of his opinion, he added, that it could not be expected he fhould concur in a motion, the defign of which was to affix a meaning on the trea- › ty of which he could not approve. If, fays he, the right honourable gentleman fhould fucceed in that attempt, would not the minifters of France argue thus with our negotiators, "You have told us, that the English nation would fubmit with great unwillingness to the recognition of American independence, and you demand fome facrifice from us as an equivalent for that conceflion. You fee now that [K]

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parliament has none of the difficulties you made account of; we therefore must alter our terms, there being no reason why we should now make the facrifice you require."

unconditional acknowledgment of the independence of America; and this, it was argued, was the best policy we could adopt. To grant it as the price of peace, at the requifition of France, would be bafe and degrading. Should the French minifter infult us with an offer, he fhould be told, "We will not fell the independence of America to you at any price; we will freely prefent her with that which you fhall not procure her, offer what bargain you please."

The motion was at length rejected on a previous queftion, by a majority of 219 to 46; and both houfes adjourned on the 23d to the 21ft of the following month.

Jan. 21ft.

1783.

On the day of meeting after the recefs, a motion was made in the Houfe of Commons, for leave to bring in a bill," for removing

In fupport of the motion it was urged, that the production of a treaty, pending the negotiation, was perfectly parliamentary, and not unprecedented; and that none of his Majesty's fervants would venture to affert, that, in the prefent inftance, it would be dangerous or unfafe. The difficulties under which our negotiators muit unavoidably labour, fo foon as the contradictory language of minifters at home was known abroad, and the neceffity of relieving them from this embarraffment, was ftrongly infifted on. It was not from any abfurd idea of reconciling the contradictions of minifters that the prefent motion was brought forward, but that parliament might" put fuch a clear, distinct, and definitive conftruction on the treaty, as might fatisfy both foreign powers and the people at home of its true meaning and purpofe. Minifters could then no longer fluctuate in their explanations of it, and might recover that confidence abroad which at prefent it was ridiculous for them to expect. They had them felves confeffed, that the infinuations that had been propagated refpecting the infincerity of the noble earl at the head of the treafury had materially impeded their negotiations; and was it likely that thefe fufpicions would be removed by what had paffed in parliament fince the first day of the feffion?

It was not denied that the defign of the motion was to induce parliament to come to an explicit and 9

and preventing all doubts which had arifen, or might arife, con"cerning the exclufive right of "the parliament and courts of "Ireland in matters of legislation "and judicature; and for pre"venting any writ of error or ap

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peal from any of his majesty's

courts in that kingdom from being received, heard, and ad"judged, in any of his majesty's "courts in the kingdom of Great "Britain."

The cause of this bill, which after going through the ufual forms paffed into a law, was as follows:

When the matter of establishing the legislative and judicial independence of the kingdom of Ireland was under the confideration of the late miniftry, two ways of doing it had occurred. The one, by a renunciation of what this country held to be a right, but

which

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