treaty with America. He accounted it to be right that minifters ought to diftinguith themselves by their candour and integrity. Sophiftry and circumvention were arts which could not lead to confidence; and government in order to be refpectable at home as well as abroad, ought to be rescued from every imputation of ambiguity. Having preffed these fentiments, his lordfhip requested the attention of the minifter to the following question, "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 is concluded with the court of France, though the prefent treaty fhould entirely break off? Or, on the contrary, is the independence of America merely contingent, fo that if the particular treaty, now negociating with that court, fhould not terminate in a peace, the offer is to be confidered as revoked, and the independence left to be determined by circumftances and the events of

war ?"

The earl of Shelburne was not difpofed to give an explicit anfwer to the interrogatory of lord Fitzwilliam. He confidered that it was improper in itself; that he was bound not to reveal the fecrets of the king, and that if he should venture to reply directly to the noble lard, he might endanger the public fecurity. It was the prerogative of the king to negociate for peace; and this prerogative was not to be violated. The provifional treaty was figned and fealed; and when policy fhould juftify him for exhibiting it publicly, he would not lofe one moment to do fo, Earl Fitzwilliam was diffatisfied with this mode of reasoning; and having re

marked that he wanted not to know the fecrets of government, nor to receive a minute explanation of the articles of the treaty, infifted that he had a title to have his doubts relieved with regard to the different conftructions which had been put upen it. Nor did it efcape his obfervation, that the fecretary of state, in one of his letters to the lord mayor, had given the appellation of "the United States," to the colonies. This language, in his opinion, intimated a full acknowledgement of the American independence. Yet, perhaps, it was to be gathered from the fpeech from the throne, that an offer only of independency had been made to them. He did not mean to invade any of the prerogatives of the crown. It was fimply his defire that an ambiguity fhould be cleared up; and he. could not but conceive, that if his request fhould be rejected, the government would obtain a character which would tend to difgrace it. For it would thus be expofed to the charge of duplicity, at a period when the brightest rectitude and the most explicit virtue could beft uphold its in--terefts, and promote its profperity. The earl of Shelburne called anew the attention of the noble lord to the royal prerogative; and contended that he had conftitutionally a right to refuse any explicit explanation of the matter proposed to him. To preferve fecrecy in cafes like the prefent, was one great ufe of the monarchical branch of our govern ment. To carry on negociations was not the bufinefs of popular affemblies. If the constitution was to be altered, the best way was at once to go to St. James's, to bow to the king, and to fay to him, God blefs you; good bye to you: after having been obliged to your family for refeuing us from popery; and

after

after having been a mixed monarchy for three generations of your fainily; we find we can do better as a republic: we mean in future to fave the expence of the monarchical ef tablishment, and fo good bye to you: we wish you well." Lord Townshend and lord Derby fupported earl Fitzwilliam. They reminded lord Shelburne that he ought to adhere to doctrines which he had himself inculcated with warmth and pertinacity. His ufual practice had been to demand explanations from minifters. How often had he faid to them, "Be explicit; tell us what your fyftem is this houfe has a right to information." His appeal to the monarchical part of the conftitution, and his clamour about fecrecy was nothing but affectation. There must be other reafons for his filence; and there were cafes fo peculiar and important that they ought to be inquired into with the utmost expedition. Parliament had a right to make this enquiry; for there were objects fo confequential that their lofs could not be compenfated by the punishment of minifters. It was in vain that thefe arguments, were preffed upon the earl of Shelburne. He peremptorily avoided to enter into the question.

In the house of commons the fubject of the povifional treaty was taken up with no iefs warmth. Mr. Fox, after ftating the different and oppolite constructions which had been put upon it, reprobated the conduct of minifters with all that force of eloquence for which he is fo remarkable. He treated with infinite ridicule the idea of lord Shelburne, that he fhould violate his oath as a privy counfellor by anf wering any question concerning a treaty which had been concluded. The fecretary of state had expreffed a decided opinion on this fubject,

when in his letter to the lord mayor he had given to the colonies the name of "the United States." Other perfons in the cabinet had also expreffed their fentiments definitively concerning the treaty. Of all fuch men was it to be understood that they were perjured and had betrayed their truft? To have recourfe to his confcience and his oath was doubtlefs a prudent fubterfuge in the noble lord; and fo pious a fraud might be fanctified by a convenient cafuift. But while it was certain that the ministry had been unanimous in confenting to the trea ty, he could not but remark it as fingular, that they fhould underftand it differently. This fingularity had even fomething in it that was criminal; nor was it easy to fupprefs indignation when statesmen, unanimously concurring in a meafure, were yet fo abfurd as to differ in the interpretation of it. What confidence could be repofed in such minifters? At home they were not furely entitled to any trust; and abroad they must be objects of contempt. In order to have a full eclairciffement on the fubject he wished for the production of the treaty; yet he acknowledged, that if minifters would stand forward and fay that there were parts of the treaty not ripe for exhibition he, would withdraw the motion he intended. His defire was to know whether the independency of America was conditional or irrevocable; and he inquired not after articles which were not fit to be feen at the prefent hour. Under thefe expreflions of candour, he moved, "That an humble addefs be prefented to his majesty, that he would be graciously pleafed to give directions that there be laid before the commons copies of fuch parts of the provifional articles ar greed upon between his majeft's

commitioners

commiffioners and the commiffioners of the United States of America, as relate to the negociation of the independency of the faid ftates."

Mr. Pitt oppofed himfelf to Mr. Fox, and difplayed the precifion and elegance for which he is remarkable. It was impoffible that he could conceive the propriety of producing the provisional treaty; and it was an extreme forrow to him that minifters had been fo much off their guard as to have thrown out any information refpecting it. He would not go fo far as to pronounce this conduct to be a breach of their oath as counsellors of the crown; but he was fure that it was a very high breach of difcretion. We were in a fituation when much depended upon caution and filence. To reveal any part of the depending negocia tions might affect them. Every thing depended upon fecrecy. He therefore conjured the house to fupport government; and by their unanimity and firmnefs to advance and promote the measures carrying on by minifters. It was by this method that our enemies would be moft decidedly inclined to conclude final ly upon that fort of peace which this country had a right to expect and to infift upon. No argument could poffibly be employed that could justify the production of the provifional treaty at this hour. No. advantage could refult from laying the treaty or any part of it before the houfe previously to the conclufion of the prefent negociations. It did not become that house to Le more attached to America than the Americans themselves. It was a matter of joy to him that America had accepted the recognition of her independence as the price of peace. It was a folid foundation on which a future union with that country might be framed. His majefty's

minifters were refponfible for their actions; and he trusted that they would not be interrupted in tranfactions which they had begun with fuccefs, and which were about to terminate fo advantageously for Great Britain. It was his belief that both nations would ftill be connected in intereft as well as friendfhip; and factious motives alone he conceived could raise up an oppofition to measures from which the happiest confequences were to be wished for and expected.

Lord North having diverted himself with the different constructions which had been put upon the provifional treaty, in confequence of the indifcretion of minifters, gave it as his opinion, that it became them to be fecret. Great difficulties might arife from their communicating the articles of the treaty, or their opinions of it, before the final conclufion of the negociations. If the house of commons fhould disapprove the provifional treaty, the negociations now depending might be protracted to a great length, or fufpended altogether. If, on the contrary, they expreffed their approbation of it, confequences no lefs ominous and fatal might enfue. The minifters of France, from the eafiness with which the recognition of American independence was received, might alter their tone, and rife in their demands. After fome farther debate the motion of Mr. Fox was loft; the numbers being 219 against 46.

The calamities of the American war being still recent in the minds of men; and the fpirit of party produced by it ftill operating with vigour, a motion of a fingular kind was now made in the houfe of commons by Mr. David Hartley. He de clared it to be his opinion that the negociations in dependence would be broken off, and that the American

war

war would again be renewed. He was on this account folicitous to bind down ministers finally to abandon all thoughts of it, whatever might be the iffue of the prefent treaty. He therefore moved," that an humble addrefs be prefented to his majefly, ftating that his faithful commons think it their indifpen able duty not only to return their grateful thanks, to his majefty for having adopted the fenfe of his parliament and people, in having pointed all his views and meatures, as well in Europe as in North America, to an entire and cordial reconciliation with thofe colonies; but likewife to exprefs to his majesty, that whatever may be the refult of the general negociations for peace now depending, our conciliatory fentiments towards America remain unaltered, as prefented in our humble addrefs to his majesty on that fubject in the last feffion of parliament; and therefore that this houfe will confider as enemies to his majefty, and this country, all those who fhall endeavour to fruftrate fuch beneficial difpofitions of his majefty, by advifing, or by any means attempting the farther profecution of war on the continent of America." It was contended by Mr. fecretary Townshend, that the refolutions which were the ground of this, motion being inferted in their Journals, and having a full force, it was unneceffary. Sir William Dolben pronounced it to be highly improper to admit any motion which fhould give up the fovereignty of America with out fecuring a lafting peace in return for it. He profeffed himself an enemy to a continental war in America, but he was confident that America might still be reduced to obedience. We ought to withdraw our fleets and armies from that country, and to turn them against

our European adverfaries. When we fhould crush the navy of the house of Bourbon, it would happen that America would apply to us for that protection which the now finds from France. If it was true that a peace concluded at this period would not continue, it neceffarily followed, that we ought not to give up independence to America. For that would be to give what was a perpetuity for an advantage that was precarious, and which might not laft for ten years. It likewife appeared to him that if America was made a fovereign state, our Weft India iflands would be fevered from us. While America remained to us, these iflands were bands which united her with the mother country; but upon the grant of American independency they would be confidered as her natural and proper appendages. They might be termed the fatellites of that luminary that was beginning to rise above our horizon; and if they were torn from us we fhould be without confequence in Europe. The motion of Mr. Hartley was not cordially received by the commons; and upon a divition" it was rejected by a majority of 51 to 13.

Amidst more important concerns the minister was not inattentive to the leffer precautions of government; and the two houfes of parlia ment concurred in voting their thanks to vice-admiral Sir Edward Hughes, for the important fervices: performed by the fquadron under his command in the East Indies on the 17th of February, and the rath t of April 1782. The two houses: alfo joined in conferring their thanks on Sir Eyre Coote, for the great perfeverance he difplayed, and the indefatigable pains he employed to furmount the difficulties in which the affairs of the Carnatic were in...

volved,