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СНА Р. IV.

Navy Papers. Confideration of the Peace. Refolutions with regard to it propofed by Lord John Cavendish. Debates upon them. The Divifion is carried by Oppofition.

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HE defeat of the minister in the house of commons, on the fubject of the addrefs to the throne, was a topic of univerfal converfation; and was confidered as a prognoftic of his approaching fall. It was of fuch a nature that it was neceffary to be followed up by fome other proceeding. It was immediately perceived that this measure would be a public notification of the impropriety of the peace; and, as preparatory to this step captain Luttrell called for the production of fome official papers refpecting the navy. Upon his motion it was ordered by the commons that there fhould be laid before them: "1. An account of all his majesty's fhips and veffels of war that were in ordinary or harbour service, on the 21ft day of March 1782, in the ports of Portsmouth, Plymouth, Chatham, or Sheerness. 2. An account of the state and condition of the fhips and veffels of war employed in home fervice, agreeably to the last weekly statements preceding the 21st day of March 1782. 3. An account of the condition of the fhips and veffels of war on foreign fervice, and on the coaft of Scotland and Ireland, according to the laft accounts received at the Admiralty from the commanders in chief on the feveral stations abroad, or from the fenior officer of any fquadron of king's fhips on foreign ftations, and on the coafts of Scotland or Ireland, ac. cording to the weekly returns of the nearest date to the 21st of March, 1782. And 4. Copies of the correfpondence between the senior offi

cer of his majesty's fhips in the Bay of Honduras, and the merchant traders, inhabitants, and Indian chiefs, between the month of September 1779, and the month of January following, as the fame were tranfmitted by Sir Peter Parker to the board of Admiralty."

Feb. 21.

The commons, foon after this order was made, were called upon by lord JohnCavendifh to bestow their attention upan the fpirit and tendency of the peace. He obferved to them, that an opinion had been founded abroad that the majority for the amendment on the addrefs of thanks to the throne had actually voted against the peace. It was obvious, however, from the language of the amendment, that no idea of this kind was ever entertained; and it was natural to conclude that this report had arisen from motives of faction. It was proper therefore to contradict it; and with this view he had framed one of the refolutions which he now held in his hand. It was his clear opinion, that the relative fituation of affairs of this country, and of the bellige rent powers was a foundation which would fupport him in affirming, that the peace was inadequate to what we were entitled to expect. The three treaties were difgraced by conceffions which we could have refifted, and to which no confent fhould ever have been given. We had the dominion of the feas in the Weft Indies and America. The relief of Gibraltar was a demonstra tion that we were able not only to defend our coafts and protect our C 3

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trade, but that we could meet the united fleets of France and Spain. It is true that our finances were in a reduced state. But the finances of our enemies were at leaft in a fituation equally if not more alarming, Our fuperiority in every quarter of the globe ought to have induced the minitry to have fhewn greater pride and fpirit in their negociations. He had drawn five refolutions, which were of the following import. " 1. That in confideration of the public faith, which ought to be preferved inviolable, his faitqful commons will fupport his majetty in rendering firm and permanent the peace to be concluded definitively in confequence of the provifional treaty, and the preliminary articles. 2. That, in concurrence with his majesty's paternal regard for his people, they will employ their best endeavours to improve the bleffings of peace to the advantage of his crown and fubjects. 3. That his majesty, in acknowledging the independence of the United States of America, by virtue of the powers vested in him by the act of the laft feffion of parliament to enable his majesty to conclude a peace, or truce, with certain colonies in North America," has acted as the circumstances of affairs indifputably required, and in conformity to the fenfe of parliament. 4. That the conceffions made to the adverfaries of Great Britain by the provisional treaty and preliiminary articles, are greater than they were entitled to, either from the actual fituation of their respective potfellions, or from their comparative Itrength. And 5. That they would take the cafe of the loyalifts into confideration, and adminifter fuch relief as their conduct and neceffity fhould be found to merit."

His lordship obferved, that instead of directly putting thefe refolutions, it had been once his intention to

have moved for papers to afford the fulleft information relative to the treaties, and to have fuggested a very minute investigation into them. But, on a reconfideration of the matter, it appeared that the notoriety of our condition, both at home and abroad, previously to the figning of the trea ties, joined to the explicitnefs of the treaties themfelves, were fufficient and warrantable authorities for the refolutions he had ventured to propofe. But he acknowledged that he would willingly poftpone his refolutions if the minifters had any defire to throw farther light upon the treaties by the production of papers, or thought that they could by this method evince that the cons ceffions they had made to the adverfaries of Great Britain were unavoidable, and strictly adequate to its fituation.

Mr. St. John feconded his lordhip, and was ftrenuous in his cen fures of the peace. Mr. fecretary Townfhend rofe to fupport government; and while he allowed that lord John Cavendish was a perfon of the greatest candour, he confeffed that the idea had gone abroad that the peace was abandoned and reprobated by parliament. He confidered this idea as of a dangerous tendency; and was apprehenfive left it fhould circulate in foreign coun tries, and disturb the future progrefs of the negociations. He was forry that a noble lord, whofe character he admired, had proposed the refolutions he had heard. But as it was his intention to give as lit tle trouble as poffible to the house, he would obferve, that it was not his meaning to oppofe the first, the fecond, or the third refolutions. But he would own that he was hoftile to the fourth, because it conveyed a direct cenfure upon minifters, vilified the peace, and would offend the

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foreign powers who were parties to it. The fifth refolution he affirmed was alfo infinitely difagreeable to him, as he forefaw many pernicious confequences that would flow from it. The alarm it would give to the congrefs would undoubtedly be attended with the deftruction of the recommendations it was pledged to bestow in favour of the loyalists. These unhappy men would find that it would infuse a new bitterness into their condition. For that while it was eafy in general to excite the jealoufies and fufpicions of contracting communities, it would be still more fo with regard to the United States of America, from the novelty of their fituation, and their confequent inexperience in the conducting of treaties and negociations.

To the houfe it clearly appeared that the first and fecond refolutions were founded in the strictest propriety. Accordingly, they were refpectively put, and carried with out the oppofition of one diffenting voice. Upon the third fir William Dolben anxioufly expreffed his doubts as to the powers vefted in his majefty for granting independence to America. He defired to know whether the independence of America and its alienation from Great Britain had taken place from the prerogative royal, by ftatute, or in confequence of the act of the laft feffion, of which it was the object to facilitate a ceffation of hoftilities with America. He could not conceive that the king had any title by his prerogative to give away any of the dominions of Great Britain; and he had never heard of any ftatute which had invested him with fo foaring a privilege. As to the act of the laft feffion he had confidered it with an extreme attention; and he could not discover the flightest trace of any delegation to the crown that

could justify it to make the grant of independency to America. It was the purpose of the act to confer an authority upon the king to fufpend certain ftatutes in the view of concluding a peace; but it invested him with no title to abdicate the fovereignty of America, or to make a furrender of any portion of his dominions.

Mr. Wallace contended that the power in queftion was undoubtedly conferred by the aft alluded to. The act had in view two objects; a pace or a truce. The power of repeal with regard to certain acts of parliament had a reference to the former; and the power of fufpenfion correfponded with the latter. The idea of making a peace or a truce with any people carries with it by implication, that the people with whom the peace or truce is made is a fovereign people. For a king cannot negociate a peace or a truce with his fubjects. Now the act in question was exprefsly an act to enable his majesty to make a peace or a truce with America. Its title therefore was even an evidence that its object was to grant independence to it. But on what reality of foundation could any doubt on this fubject be entertained, fince the act in the body of it gave a power to the king to recognize the independency of America, any law, ftatute, matter, or thing to the contrary, notwithstanding.

The third refolution, after fome farther debate being carried, lord John Cavendish moved his fourth refolution, which conveyed fo point. ed a cenfure against the conceffions made by minifters to the enemies of Great Britain. In this motion he was ftrongly oppofed by Mr. Powys, This member declared that it was with the most painful feeling that he was about to testify his difappro

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bation of the conduct of a noble lord, whofe candour he admired, and whole principles he revered. It had been his expectation, that a motion would have been made for the houfe to refolve itself into a committee to take into ferious fcrutiny and deliberation the provifional and preliminary treaties. To urge upon a former occafion that the treaties had not been duly confidered, and to prefs now for a cenfure upon the peace, appeared to him to be meafures contradictory to good fenfe and reafon. The house was not riper now than it had been a few days before to pronounce decidedly upon the merit of the negociations; and would it proceed to a meafure fo bold, without having before it all the proper papers and vouchers, which were neceffary to direct its judgment?

He by no means approved of many articles of the peace. But taking its advantages and difadvantages together, he was fure that the minifters who had made it, deserved thanks. They had broken a confederacy which had nearly ruined us. There were reafons to apprehend that the refolutions of the houfe might thake the peace. The idea night reach the continent that parliament was hostile to it. Our enemies might keep up an armed neutrality; and in that cafe the war establishments must be upheld. An immenfe expence would thus neceffarily be incurred by us. It was his with that foreign courts knew as well as it was understood here, that the prefent contentions had not in view the interruption of the peace, but the overthrow of the minifter. It was a matter of little concern that the first lord of the treasury fhould remain in office. But it was a regret to him to obferve that a moft unnatural coalition had been enter

ed into to overfet him. It was poffible that fome alloy might be useful to make the political coin durable for currency; but a care ought to prevail not to debafe it entirely. He approved the principle of virtue which had fhone forth in a former adminiftration: and he could not bear to fee its luftre tarnished by a connection which ought of all others to have been avoided with the most fcrupulous anxiety.

Lord John Cavendish advised his honourable friend not to permit his wit to outrun his judgment; and affured him that he would have valued his compliments more, if they had been lefs accompanied with farcafins against a certain coalition. His lordihip begged that gentlemen would recollect the agitated state of parties in the year 1757. At that period one administration fucceeded rapidly to another; and in a feason most urgent and critical the country might be faid to have been without a government for nearly eight months. In this emergency men of all parties perceived the neceffity of uniting. The falvation and profperity of the country were esteemed principles more honourable than the felfishness of faction. Private animofities were laid afide; and out of a variety of parties an adminiitration was felected which carried the national glory to its highest pitch. The prefent juncture of affairs called for fuch an union. It was only by the concurring efforts of eminent and able men that Great Britain was now to recover her greatnefs. The coalition, fo inju riously reprobated, gave him the most extreme pleasure. It had in view the glory of the nation; and it poffeffed the requifites to promote it. He extolled in a high degree the talents of the perfons who facri, ficed their refentments for the uti

lity of their country; and while he remarked with regard to one of them, that though the state of his fortune made the attainment of high fituation as defirable to him as his fuperior and brilliant abilities qualified him for it, his difinterestedness was yet fo determined that he had abandoned place and power, and every thing that his ambition could covet, rather than act with duplicity. As to the articles of the peace, which fome members were difpofed to approve upon the whole, he would venture to say that no good and intelligent citizen could be found, who would lay his hand upon his heart and feriously pronounce that it was fuch a one as under the relative circumstances of Great Britain and her enemies, ought to have been concluded.

Mr. Fox argued, that a cenfure of the peace did not imply a difpofition to continue the war; and he recalled to the attention of the house that one of the refolutions which had been moved expreffed their refolute determination to fupport pacific measures. The prefent ffruggles were termed, moft improperly, a conteft for power. For it was fufficiently known that the noble lord who had brought forward the refolution which preffed upon the minifter, was not of a forward and ambitious nature. He was rather prone to avoid official employment than to court it. But if indeed no refolution of this kind had been thought of, it was impoffible to have screen ed the minister from difgrace. For the articles of the treaties could not fail to be extenfively read; and it was impoffible to mifapprehend them.

The abufe thrown upon the coalition of parties which had taken place was not only mean but abfurd. To defcend into perfonalities

was at all times odious; but to indulge them to the difadvantage of men who had united to preferve the conftitution of their country, was a folecifm of which the wildnefs was prodigious. An individual who was inclined to be directed more by his own temerity and dictates than the maxims of public virtue or the neceffities of the state, had invaded the reins of government; and there never was a juncture that of confequence called more loudly for coalitions. The ftate being about to languish in debility, it was neceffary to recover it to its ancient tone and vigour. He had made no connections of which he was afhamed. The principles of his friends were the prop which for a long time paft had repreffed the falling glory of the nation. To their virtues he had furrendered his private opinions and inclinations; and their abilities claimed his admiration. Their friendship flattered his pride, and was a guard to preserve him against rafhnefs and temptation.

That his conduct had loft him the approbation and concurrence of fome gentlemen with whom he had formerly acted, was a circumstance which impreffed moft fenfibly his feelings. But while he had examined with a rigorous feverity the tenor of his actions, he could find no fubject of blame; and for the painful lofs he had experienced in his friendships, he must find a confolation in the purity and confiftency of his intentions. His conduct alfo was fufficiently juftified by the example of others, who had retired from an administration which had no principles of stability and connection to fupport it with honour to itself, and welfare to the people. But while he abandoned a station where he could not continue with out duplicity, he was ready to avow

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